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.

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Trademarks

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10.

Protection of foreign trademarks

10.1

Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?

China

SIPS (Simone Intellectual Property)

Answer ... See question 6.1.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)

10.2

Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

China

SIPS (Simone Intellectual Property)

Answer ... No, CNIPA does not permit registration of a mark based on foreign or international registrations. Trademark applicants can:

• designate an international (Madrid) registration to China; or
• claim priority based on a foreign application.

However, the CNIPA will conduct its own examination to determine whether the mark can be registered in China.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)

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Contributors

Topic

Trademarks

Brendan Hughes

Cooley LLP

Contributing Editor

Article Author(s)

Joshua Miller

Yijie Zhao

SIPS (Simone Intellectual Property)

China