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4. Results: 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

Answer ... Both the initial term and the renewal term are 10 years respectively.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
China

Answer ...

  • A renewal application form;
  • Certain identity documents; and
  • A renewal fee.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)
8.3
What are the grounds for cancelling a trademark registration?
China

Answer ... A trademark registration can be cancelled based on the following grounds:

  • The mark conflicts with the legitimate rights of a third party;
  • The mark has not been used in the last three years or the use does not meet requirements in the Trademark Law;
  • The mark was filed in bad faith with no genuine intention to use;
  • The mark is deceptive or has unhealthy social influences;
  • The mark is non-distinctive or no longer has sufficient distinctiveness;
  • The mark was filed by a trademark agency for goods or services other than agency services; or
  • The mark is a functional feature of a three-dimensional device.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
China

Answer ... When the registration harms the public interest. Specifically, CNIPA may cancel a registration on its own initiative based on the following grounds:

  • The mark has not been used in the last three years or the use does not meet requirements in the Trademark Law;
  • The mark was filed in bad faith with no genuine intention to use;
  • The mark is deceptive or has unhealthy social influences;
  • The mark is non-distinctive or no longer has sufficient distinctiveness;
  • The mark was filed by a trademark agency for goods or services other than agency services; or
  • The mark is a functional feature of a three-dimensional device.

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
China

Answer ... A third party can seek cancellation of a trademark registration by filing:

  • a non-use cancellation (based on lack of use in the last three years); or
  • a trademark invalidation (based on the other grounds).

For more information about this answer please contact: Joshua Miller from SIPS (Simone Intellectual Property)
8.6
What is the procedure for appealing a decision cancelling a registration?
China

Answer ... For a non-use cancellation, after CNIPA has issued a decision, either party may appeal the decision:

  • to the TRAD; and
  • subsequently to the BIPC and the BHPC.

For trademark invalidations, either party may appeal the decision to the BIPC and the BHPC.

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