Answer ... Unregistered trademarks are generally not enforceable in China, except for unregistered trademarks that are recognised as well known in China in accordance with Article 14 of the PRC Trademark Law.

Articles 2 and 6 of the PRC Anti-unfair Competition Law offer some protection to unregistered trademarks, but the owner will need to prove that its unregistered trademarks have acquired a certain level of fame among customers.

Answer ... Upon registration, the trademark owner:

• will have exclusive rights in the registered trademark; and
• may enforce its rights against a third party that uses the registered trademark (or a similar trademark) on the registered goods or services (or similar goods or services) in China without the registrant’s consent.

Answer ... There is no separate register for descriptive marks in China. However, a descriptive mark may acquire distinctiveness through use and become eligible for registration in accordance with Article 11 of the PRC Trademark Law.