Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
China
A registered trademark remains valid for 10 years in China, as from the date on which the registration is approved, and may be renewed for subsequent 10-year periods thereafter, as from the date immediately following the expiry date of the last period of validity.

For more information about this answer please contact: Stephen Yang from IP March
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
China
  • An application form for renewal;
  • A certificate of incorporation;
  • An executed power of attorney; and
  • The renewal fee.
For more information about this answer please contact: Stephen Yang from IP March
8.3
What are the grounds for cancelling a trademark registration?
 
China
According to the Trademark Law, a registration will be cancelled if:

  • the trademark is ineligible to function as trademark or its registration was obtained by fraudulent or other illegitimate means;
  • the registration infringes another party’s prior civil rights; or
  • the trademark has become the generic name of the goods for which its use is approved or has not been used for three consecutive years without a justifiable reason.
For more information about this answer please contact: Stephen Yang from IP March
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
China
According to the Trademark Law, a trademark may be cancelled at the initiative of the trademark office if it is ineligible to function as a trademark or if its registration was obtained by fraudulent or other illegitimate means.

If a trademark owner, without authorisation, alters the registered trademark, its name or address of or other registered information, it will be ordered to correct such alteration within a timeframe specified by the relevant local administrative department for industry and commerce (AIC); if it fails to do so, the registration will be cancelled.

For more information about this answer please contact: Stephen Yang from IP March
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
China
According to the Trademark Law, if a trademark is ineligible to function as trademark or if its registration was obtained by fraudulent or other illegitimate means, other entities or individuals may request the Trademark Review and Adjudication Board (TRAB) to invalidate the trademark.

If a trademark registration infringes another party’s prior civil rights, that party or another interested party may, within five years of registration of the trademark, request TRAB to invalidate the trademark. If the registration was obtained in bad faith, the owner of a well-known trademark is not bound by the five-year restriction in seeking invalidation.

If a registered trademark has become the generic name of the goods for which it is used or has not been used for three consecutive years without a justifiable reason, any entity or individual may apply to the China Trademark Office (CTMO) for revocation of the registered trademark.

For more information about this answer please contact: Stephen Yang from IP March
8.6
What is the procedure for appealing a decision cancelling a registration?
 
China
An interested party which is dissatisfied with a trademark office decision to cancel or invalidate a registered trademark may apply for a review before TRAB within 15 days of receipt of notice of the decision from the CTMO. If a party is dissatisfied with TRAB’s decision, it may file suit before the people’s court within 30 days of receipt of notice of the decision from TRAB.

Where other entities or individuals request TRAB to invalidate a registered trademark and are dissatisfied with its decision, they may file suit before the people’s court within 30 days of receipt of notice of the decision.

For more information about this answer please contact: Stephen Yang from IP March