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China Well-known Trademark Registration

Updated:2018-4-9 11:59:49    Source:www.tannet-group.comViews:140

How to register a well-known trademark in China?
Hotline: 86-755-82143422, Email: 2355735242@qq.com

China well-known trademark registration means to get your mark which has acquired high reputation and influence among the public registered. In China, owners of a well-known trademark can enjoy multi-class (or multi sub-class) protection in the Chinese trade mark system. If the mark satisfies conditions described in Chinese legislation, regulations and judicial opinions, they can stop others registering it for dissimilar goods and services.

Requirements on Registering a well-known trademark
Recognition of the well-known status of a trademark is made on a case-by-case basis, by the administrative or by the judicial authorities.

The earlier trademark is not registered in China and another trademark, which is a duplication, imitation or translation of the earlier trademark, is used or applied for, with respect to identical or similar goods, and is likely to cause the customer confusion. This becomes applicable when, for example, a foreign trademark owner wants to start doing business in China and realizes, too late, that its trademark has already been filed, or even registered, by another person.

The trademark has been registered in China, and another trademark which is a duplication, imitation or translation of the earlier trademark is used or applied for in respect of different goods, and is likely to mislead the public and bring harm to the interests of the registrant of the earlier mark. This is called the "cross category protection", which can only be claimed if the trademark to be protected can prove that it is well-known.

General Registration Process
The process depends on the authority before which the application is filed, and this, again, depends on the circumstances. If the application is part of an opposition against a trademark application, the application shall be made at the CTMO level. This may happen in two instances:

The owner of a trademark not yet registered in China has discovered that an application has been filed for the same trademark, for the same goods (thus constituting an obstacle to his own application), and wants to oppose such application; or

The owner of a registered trademark wants to prevent another person from registering the same trademark for different goods, because they consider such registration could still create some undesirable association with their own, and cause damage to their interests.

How long will the registration process take?
The length of time necessary to be recognized as a well-known trademark is entirely dependent on the type of procedure chosen, or dictated by the circumstances. Oppositions and cancellations before the CTMO and the TRAB may take 3 to 5 years. An action through the AIC should not last longer than 7 months. A Civil action before a People's court would take an average of 12 months.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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