English
Registration is required in order to obtain trademark rights. The “first to file” rule is applicable in China.
The national trademark office of China is available at http://sbj.saic.gov.cn/
No. Actual use or intent to use is not required.
Yes. A trademark application can be opposed on the following grounds:
- Proprietary rights
- Absolute grounds (ex. descriptiveness)
- Bad faith
- Breach of copyright
- Rights of notorious marks
- Registration in the name of an agent or a representative
- Rights in a company name
- Rights in a personal name
- Rights in a registered design
- Unauthorized use of protected of insignia or emblems
- Any reasonable grounds
Any interested parties may oppose a trademark application. This includes the owner of an earlier right, a licensee, or anyone.
Yes. The following are grounds for cancellation:
- Descriptive mark
- Misleading and/or deceptive mark
- Lack of distinctiveness
- Generic mark
- Mark is a geographical indication
- Functional mark
- Violation of public policy or principles of morality
- Unauthorized marks by competent authorities pursuant to Article 6ter of the Paris Convention
- Inclusion of a badge or emblem of particular public interest
- Using of the mark in a misleading manner
- Prohibited marks in this jurisdiction
- Application was made in bad faith
- Registrant’s breach of a technical provision of the law
- Fraudulent registration
- Use Requirements under Section V.G. are not met
The following rights are established by having a registered trademark:
- Exclusive right to use the registered mark
- Right to oppose subsequent conflicting applications
- Right to bring a cancellation action against subsequent conflicting registrations
- Right to file an infringement case against third parties for using a confusingly similar mark
- Right to license third parties to use the registered mark
- Right to apply for seizure of counterfeit goods bearing the registered mark (these are seized by the customs authorities)
- Right to receive damages from third parties for infringing the registered mark
The opposition period will start on the publication date.
The opposition period will end three months after the publication date.
China is a member of the Madrid Protocol and the Madrid Agreement.
Periodic statement of use is not required.