Trademarks Comparative Guide

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1 Legal framework

1.1 What is the statutory or other source of trademark rights?

In China, trademark rights are created and governed primarily by statute, not by common law. The core statute is the Trademark Law, which sets out:

• who can register a mark;
• what can be registered;
• how applications are examined;
• how rights are enforced; and
• what remedies are available.

1.2 How do trademark rights arise (ie, through use or registration)?

China is a first‑to‑file jurisdiction, which means that, as a rule, rights arise from registration rather than from use. If two parties file for the same or similar mark on the same or similar goods or services, the application with the earlier filing date generally wins, assuming that it meets all legal requirements.

Prior use still matter in some occasions. For instance:

• prior use is required to seek damages in civil actions. If a trademark is registered but not used, then even if it can stop later infringing trademark use, it cannot seek damages against the infringer;
• an unregistered yet well-known mark can benefit from protection even without registration. It can stop a later trademark filing or stop infringing trademark use on similar goods and services in civil actions; and
• where an unregistered mark has been used to the point that it has a 'certain influence' in the market (ie, market recognition within a region or channel), it can be used to stop a later bad‑faith filing. It can also be protected to some extent via the Anti-Unfair Competition Law.

That said, it requires much more evidence and efforts to prove prior use and fame. It is always recommend to file as early as possible to secure trademark rights.

1.3 What is the statutory or other source of the trademark registration scheme?

China's trademark registration regime is established by statute. The primary source is the Trademark Law, supplemented by the Implementing Regulations of the Trademark Law and the China National Intellectual Property Administration Trademark Examination and Adjudication Guidelines.

2 What constitutes a trademark?

2.1 What types of designations or other identifiers may serve as trademarks under the law?

Article 8 of the Trademark Law defines a 'trademark' as:

Therefore, Chinese law recognises a broad range of signs as potentially registrable, including:

• words;
• devices or logos;
• letters;
• numbers;
• three-dimensional shapes;
• colour combinations;
• sounds; and
• any combination of the above.

Scents are not registrable at present. For non-traditional trademarks, the application must clearly specify the scope of protection – for example:

• image files must be clear for device or 3D marks;
• musical notation or an audio file must be provided for sound marks; and
• colour samples with descriptions must be provided for colour combination marks.

2.2 What are the requirements for a designation or other identifier to function as a trademark?

A sign must be capable of indicating the commercial source of goods or services to relevant consumers in order to function as a trademark. This source-identifying function – that is, distinctiveness – is the core requirement under the Trademark Law. Substantively, the sign must possess distinctiveness, either inherently or through acquired distinctiveness arising from use. Invented or arbitrary terms, as well as distinctive logos, generally meet this standard.

The sign must also avoid conflicts with prior rights, including prior:

• trademark rights;
• copyrights;
• trade name rights;
• design patents; and
• personal name rights.

2.3 What types of designations or other identifiers are ineligible to function as trademarks?

Under Chinese law, any designation that cannot indicate the commercial source of goods or services to relevant consumers is ineligible to function as a trademark. Articles 10 and 11 define many of these designations that may not serve as trademarks. There are several provisions to prohibit bad-faith applications.

Generic names and common trade terms for the designated goods or services can never serve as trademarks. Signs that are merely descriptive of characteristics such as quality, main raw material, function, use, weight, quantity or place of origin lack inherent distinctiveness and are ineligible unless the applicant proves acquired distinctiveness through use; absent such proof, they do not function as trademarks.

The following are ineligible for registration:

• deceptive or misleading signs – including those that misrepresent the quality, nature or geographic origin of the goods or services;
• designations that:
• • violate public order or good customs;
  • are discriminatory; or
  • are detrimental to socialist morals;
• signs containing or imitating state flags, emblems, military flags or insignia, official seals or the names, flags or emblems of international intergovernmental organisations, without proper authorisation; and
• special names or signs of major national projects or events, without authorisation.

3 Registration procedure

3.1 Which governing body (ie, trademark office) controls the registration process?

The China National Intellectual Property Administration (CNIPA) administers all:

• trademark applications;
• examinations;
• oppositions;
• refusal reviews;
• cancellations; and
• reviews of cancellations and invalidations.

Subsequent judicial review is handled by:

• the Beijing IP Court at first instance; and
• the Beijing Higher People's Court at second instance.

In rare cases, parties can file a retrial application to the Supreme People's Court in the event of:

• a change in circumstances; or
• clear errors in the effective judgment.

3.2 What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?

The application fees for one trademark in one class are:

• RMB 300 for a hard-copy filing; and
• RMB 270 for an electronic filing.

The CNIPA does not charge an additional official fee for the issuance of a registration certificate.

3.3 Does the trademark office use the Nice Classification scheme?

Yes, but not directly. China adopts and publishes a Classification Table of Similar Goods and Services based on the Nice Classification, adding some non-standard goods and services that are unique to China.

3.4 Are 'class-wide' applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?

No, class-wide applications are not allowed. Each trademark application must specify the goods or services for which the mark will be used. The standard description of goods and services in the Classification Table of Goods and Services (see question 3.3) must be used. The CNIPA generally does not allow non-standard descriptions.

3.5 Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?

Yes. Article 4 of the Trademark Law includes the stipulation that "[a]ny application for trademark registration that is malicious and is not filed for the purpose of use shall be rejected".

Though it does require a use specimen of a mark at the time of filing, an application may be rejected or additional materials to prove intent to use may be requested if the applicant files an excessive number of applications.

3.6 Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?

Yes. The CNIPA performs a relative substantive examination during the trademark registration process. This examination includes checking whether the applied trademark conflicts with any earlier registered or pending marks for the same or similar goods or services. See Articles 30 and 31 of the Trademark Law.

All designations are categorised into subclasses and all applications are examined by subclasses. Goods and services in the same subclasses are by default similar, while different subclasses are by default dissimilar. Therefore, the CNIPA will only search for earlier conflicting marks in the same subclass.

3.7 What types of examinations does the trademark office perform other than relative examination?

The CNIPA performs both a formality review and a substantive examination of trademark applications. Other than searching for earlier conflicting trademarks, the CNIPA will also review the following ex officio:

• distinctiveness, to ensure that the application is not generic;
• whether the application:
• • is misleading, offensive or deceptive; or
  • violates public morals; and
• whether the application is a bad-faith filing – for instance, a blatant copy or imitation of renowned brand or the name of a celebrity.

3.8 Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?

Yes. If a mark is "detrimental to socialist morals or has any other adverse impact", it will not be registered. Additionally, any trademarks that are identical or similar to the national flag, national emblem, military flag or other state symbols of China, or symbols of other countries (without permission) are ineligible for registration. Articles 10–11 of the Trademark Law include a full list of the trademarks that will not be registered.

3.9 Is there a separate or supplemental register on which descriptive marks may be registered?

No. There is only one register. However, descriptive marks may be eventually registered if evidence proves acquired distinctiveness during the refusal review.

3.10 Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?

No, objections are allowed only after publication. Once the trademark is published, it is subject to a three-month objection period. During these 90 days, any third party may object to registration of the trademark.

A third party may, on its own initiative, send a protest letter to the CNIPA at any time in the hope that the CNIPA will refuse the application. However, this is not an official proceeding and there is no guarantee that the letter will be taken into account.

3.11 Must the applicant use the trademark commercially in order to obtain a registration?

No. A trademark need not be used commercially before filing for registration. Intent to use is sufficient for registration.

3.12 How much time does it typically take from filing an application to the first office action?

Typically, four to six months from filing to receiving the first office action.

3.13 How much time does it typically take from filing an application to publication?

Typically, four to six months.

4 Appeals

4.1 If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?

Yes. An applicant may request a review of refusal. The request must be filed within 15 days of receipt of the refusal notice. If the notice is received from abroad, a short grace period for postal service may apply depending on the method of service, but the safest practice is to calculate from the stamped receipt date. If the deadline is missed, the refusal generally becomes final.

If the refusal is based on a cited prior mark, the applicant may simultaneously pursue remedies against that citation, such as:

• cancellation for non-use if the cited mark has been registered for more than three years;
• invalidation based on prior rights or bad faith; or
• limitation of the cited registration.

The applicant may:

• request suspension of the review while those actions proceed; or
• subsequently submit the results as new evidence if favourable.

4.2 What is the procedure for appealing a trademark office refusal?

The refusal review is handled by the China National Intellectual Property Administration's (CNIPA) Review and Adjudication Department. The applicant must:

• submit a request for review;
• pay the official fee; and
• file arguments with supporting evidence.

Foreign applicants must act through a qualified local trademark agent.

The CNIPA should issue a decision within nine months of the date on which it accepts the review request and may extend this period in complicated cases. The decision may:

• fully overturn the refusal so that the mark proceeds to publication;
• partially overturn the refusal so that the mark proceeds to publication for some goods or services; or
• maintain the refusal in full.

4.3 Can the reviewing body's decision be appealed? If so, to what body and by what procedure?

If the applicant is dissatisfied with the review decision, it may file an administrative lawsuit with the Beijing IP Court within 30 days of receipt of the decision. The court's judgment may be further appealed to the Beijing High People's Court and, in rare cases, applied for a retrial before the Supreme People's Court.

5 Oppositions

5.1 Can a third party oppose a trademark application?

Yes, once a trademark has been published there is a statutory three-month period during which anyone with standing can oppose the trademark application.

5.2 Who has standing to oppose a trademark application?

A third party with a legitimate interest has the right to oppose a trademark application. The third party is typically required to show that it has a direct interest in the opposition. Such persons and entities include:

• the rightful holders of prior trademarks;
• the owners of well-known unregistered trademarks; and
• other parties which can show that the registration of the trademark would damage their legitimate business interests. Examples include:
• • a business or competitor that believes the trademark is too similar to its own established name or brand;
  • the holder of a trade name that could be confused with the trademark application; or
  • any party that believes the mark violates public policy, infringes its trade name or creates a misleading association with its goods/services.

5.3 What is the timeframe for opposing a trademark application?

Three months upon publication of an application in the Trademark Gazette.

5.4 Which body hears oppositions?

There is a department within the China National Intellectual Property Administration (CNIPA) dedicated to reviewing oppositions to trademark registration applications.

5.5 What is the process by which an opposition proceeds?

A formal opposition must be filed either in hard copy (paper) or electronically through the CNIPA's online trademark filing system (used mainly by authorised Chinese trademark agents). The filing must include supporting documents to substantiate the opposition. The filing must be in Chinese. If supporting documents are in a foreign language, they must be translated into Chinese.

5.6 Can the decision on the opposition be appealed? If so, to what body and by what procedure?

There is no appeal option for the opposing party, but the trademark applicant may file an appeal.

If the opposition decision is to grant registration, there is no appeal available to the opposing party. The trademark application will mature into a registration and the opposing party can only file an invalidation if it still wants to challenge the mark.

If the opposition decision is to refuse the application, the trademark applicant may appeal the decision by filing a review on non-approval to the Review and Adjudication Department of the CNIPA. The review application must be filed within 15 days of receipt of the written opposition decision and foreign parties should act through a qualified Chinese trademark agent.

The appellant must:

• submit a written request for review;
• pay the official fee; and
• provide arguments and evidence addressing the grounds decided in opposition, such as:
• • likelihood of confusion;
  • descriptiveness;
  • bad faith; or
  • evidence of use and acquired distinctiveness.

After filing the review application, the applicant has an additional three months in which to submit further arguments and evidence.

The CNIPA should issue a decision within approximately nine months of acceptance of the case, with the possibility of an extension in complicated matters. The review decision:

• may uphold, reverse or partially modify the opposition outcome; and
• where appropriate, may allow the application to proceed to publication/registration for some or all goods or services.

The review decision can still be appealed before the courts.

6 Rights of registered and unregistered marks

6.1 What, if any, protection is afforded to unregistered trademarks?

While there is little overt protection for unregistered trademarks, unregistered trademarks do enjoy some protection. First, pursuant to Article 13 of the Trademark Law, if a mark is unregistered but is well known in China, it will receive the benefit of protection against similar trademarks being registered if the applied-for mark is similar and likely to mislead the public.

Second, Article 32 of the Trademark Law provides that:

• "trademark registration applications shall not harm existing prior rights of others"; and
• registration of a trademark that is already in use with a 'certain influence' (ie, market recognition within a region or channel) cannot be prohibited. In other words, an unregistered trademark that is already in use and has a certain market influence will be protected in its attempt to gain registration status.

Generally, however, except for the two avenues described above, there is no protection for unregistered trademarks under the Trademark Law. The critical factor is whether they have achieved a certain degree of fame through use.

6.2 What legal rights are conferred by a trademark registration?

A trademark registration confers on the holder the exclusive right to use the registered trademark, as provided in Article 3 of the Trademark Law. This exclusive right entitles the owner to:

• use the mark commercially; and
• prevent others from infringing it.

The owner may:

• license the trademark to third parties;
• assign or transfer the trademark; and
• oppose or seek invalidation of conflicting marks.

The registration may be renewed indefinitely in successive 10-year terms. In addition, the registration affords the owner a presumption of validity.

6.3 If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?

There is no separate register for descriptive marks. Descriptive marks can be registered, but only if they acquire distinctiveness through use. Once registered, descriptive trademarks enjoy basically the same level of protection, except that they cannot serve to stop others from descriptive use. This means that third parties can still use the mark in its original descriptive meaning.

7 Enforcement and remedies for trademark infringement

7.1 What remedies are available against trademark infringement?

A rights holder may seek the following remedies:

• Injunctions: These include:
• • an injunction upon a final effective judgment; and
  • a preliminary injunction to prohibit infringers from infringing activities even before a final judgment takes effect.
• However, it is generally very challenging to obtain a preliminary judgment, which will be granted only where the rights holder can demonstrate:
• • necessity;
  • urgency; and
  • unbearable harm absent the injunction.
• Monetary damages: Statutory monetary damages are capped at RMB 5 million. However, with strong evidence of massive infringement and bad faith, the court may award higher damages. Additionally, punitive damages are allowed up to four times of the actual damages upon a showing of wilful and serious infringement.
• Public clarification statement: This is aimed at mitigating potential confusion caused by the infringement.
• Administrative penalties: These are available in administrative actions handled by local market supervision bureaux.
• Imprisonment: In criminal actions, the courts can order up to seven years' imprisonment.

7.2 What remedies are available against trademark dilution?

The owner of a well-known trademark may act against third parties to stop the dilution of well-known trademarks. Dilution of normal registered trademarks is not expressly specified as a form of infringement in the Trademark Law; however, in judicial practice, the use of registered trademarks in a dilutive and descriptive way may be found to constitute infringement. The available remedies are identical to those for normal trademark infringement.

7.3 Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?

The tarnishment of well-known trademarks is generally recognised as a type of infringement, but this does not apply for normal trademarks.

7.4 What is the procedure for pursuing claims for trademark infringement?

In investigating trademark infringements, the rights holder has three courses of action available, all of which require a formal written complaint with supporting evidence materials:

• Administrative raids: These are reported and investigated by market supervision bureaux. Once infringement is found, the market supervision bureau may order:
• • the immediate cessation of infringing activities; and
  • the confiscation or destruction of infringing goods, labels, packaging, moulds, plates and production equipment that are primarily used for infringement.
• The market supervision bureaux are also empowered to order administrative fines, usually calculated based on illegal turnover; but they will not award damages to the rights holder – monetary compensation requires a separate civil suit.
• Civil lawsuits: These are reviewed by the civil courts. The courts can grant permanent injunctions requiring the defendant to;
• • cease using the mark;
  • remove infringing signage, packaging and online content; and
  • stop related advertising or distribution.
• Rights holders can also seek urgent interim measures such as preliminary injunctions, evidence preservation orders and asset freezes to secure potential damages. Courts can also award compensatory damages based on the plaintiff's actual loss, the infringer's profits or a reasonable royalty, selecting the method best supported by the evidence.
• Criminal action:
• • The police can open investigations and conduct raids based on evidence of counterfeiting, usually subject to thresholds relating to the value, quantity or scale of the activity; and
  • Prosecutors can bring charges against individuals responsible for manufacturing, distributing or selling counterfeits, with corporate entities also facing liability in some jurisdictions.
• Permanent injunctions, fines and confiscation of illegal gains can be ordered.

To file a complaint with the local Administration for Industry and Commerce (AIC), a written complaint comprising proof of trademark registration, evidence of infringement and a request for specific relief must be submitted to the local AIC, while will then then launch an investigation. The AIC will evaluate the evidence and potentially visit the site where the alleged infringement is occurring.

If either side disagrees with the ruling of the AIC, it can appeal it by filing an administrative lawsuit in the people's court.

The procedure is relatively similar for pursuing a civil remedy. A complaint is filed in the people's court (typically an intermediate or IP-specialised court) with:

• copies of the owner's business licence and trademark certificate;
• evidence of the infringement alleged and damages; and
• evidence of proof of use and market impact.

The court then:

• reviews the evidence;
• holds hearings – at which the defendant may assert various defences, such as:
• • non-infringement;
  • non-use; or
  • invalidity of the mark claimed to be infringed; and
• may hear expert testimony.

7.5 What typical defences are available to a defendant in trademark litigation?

A defendant may assert various defences, including the following:

• Non-infringement through lack of likelihood of confusion: The most fundamental defence, this turns on the overall impression of the signs and the relationship of the goods or services.
• Prior use with a 'certain influence': Before the plaintiff's filing/registration date, the defendant already used an identical/similar mark on identical/similar goods and that use had a 'certain influence' (ie, market recognition within a region or channel).
• Descriptive or necessary indicative use (fair use): Use of words/signs purely to describe characteristics, quality, function, purpose, compatibility, ingredients, common names or geographic origin, without using the sign as a source identifier.
• Parallel imports: The import and sale of genuine goods that were first put on the market overseas by or with the trademark owner's consent is generally allowed in practice, but the goods should be materially the same.
• No use of the infringed mark: If the infringed mark has not been used for consecutive three years before an infringement lawsuit, the plaintiff may still prevail in the lawsuit but may not secure damages.

7.6 What is the procedure for appealing a decision in trademark litigation?

Domestic parties must appeal within 15 days of receiving the first-instance judgment, while foreign parties have 30 days to appeal. The appeal must be submitted in writing to the court that rendered the first-instance judgment (not directly to the appellate court). The lower court will then forward the case to the appropriate higher people's court.

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?

The initial term of registration and the length of the renewal term are both 10 years.

8.2 What, if anything, must be submitted to the trademark office to maintain or renew a registration?

There is currently no requirement to submit use to maintain or renew a registration. All that is needed is the submission of a form of application of renewal together with the necessary procedural documents.

8.3 What are the grounds for cancelling a trademark registration?

Assuming that cancellation includes invalidation of trademarks, there are multiple grounds available.

There are two grounds for cancellation:

• non-use of the registered trademark for three consecutive years (see Article 49 of the Trademark Law), which is excused if the owner can justify the failure to use the trademark; and
• generalisation of a registered trademark which has become a generic term after registration.

The grounds for invalidation include the following:

• bad-faith registration of the trademark pursuant to Article 44 of the Trademark Law (eg, copying or imitating another well-known mark);
• failure to use the trademark in good faith, including registering a mark with no intent to use it and to obstruct a legitimate business from using its trademark;
• registration of a mark that conflicts with earlier marks or prior rights;
• registration of misleading or deceptive marks; and
• violation of public order or morality – pursuant to Articles 10 and 12 of the Trademark Law, trademarks that violate socialist ethics, public morals or national interest cannot be registered.

8.4 Under what circumstances may the trademark office cancel a registration on its own initiative?

The China National Intellectual Property Administration (CNIPA) has broad authority to cancel or invalidate trademark registrations on its own initiative where a mark:

• fails to meet legal standards;
• is abusive; or
• causes harm.

The CNIPA may cancel a trademark registration on its own initiative for several reasons, including:

• non-use for three consecutive years (Article 49 of the Trademark Law); and
• bad-faith registration (Article 44 of the Trademark Law).

It may also cancel marks that:

• are misleading or deceptive (Article 10);
• harm public order or morality (Article 10);
• conflict with state symbols (Article 10); or
• violate protected geographical indications (Article 16).

In practice, the CNIPA does not exercise its power very often, unless there are public interests involved. For example, the CNIPA cancelled and invalidated hundreds of bad-faith trademarks during the Beijing Winter Olympics.

8.5 What is the procedure by which a third party may seek cancellation of a trademark registration?

A third party must:

• submit a written application clearly stating the grounds for cancellation/invalidation; and
• provide evidence supporting its claim.

An application for cancellation on the grounds of non-use or generalisation can be filed at any time by any party; while an application for invalidation can only be filed by an interested party and is generally allowed only within five years of the date of registration. Thereafter, only the owners of well-known trademarks can file applications for invalidation against bad-faith registrations.

After filing the application, the third party has three months to submit supplementary arguments and evidence. The CNIPA will usually issue its decision within nine months of receiving the application.

8.6 What is the procedure for appealing a decision cancelling a registration?

If the third party is dissatisfied with the CNIPA's decision, an administrative lawsuit can be filed with the Beijing IP Court to appeal the decision within 30 days of receipt of the decision. For foreign parties, notarised and legalised authorisation documents (eg, power of attorney, certificate of identity of legal representative, certificate of incorporation/good standing) are required for the official filing of the lawsuit, which usually take more than 30 days to obtain. Therefore, foreign parties have an additional three months to submit these duly notarised and legalised documents.

9 Licensing

9.1 Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?

Yes, for a trademark licence to be valid and legally effective, specific requirements must be met, including provisions related to quality control by the licensor. First, the licensor must retain the right to exercise quality control over the goods or services sold under the licensed trademark. It is the licensor's responsibility to:

• ensure that the quality of the goods or services bearing the trademark:
• • meets certain standards; and
  • is consistent with the reputation of the mark; and
• maintain control over the use of the trademark to avoid the risk of damage to the trademark's distinctiveness or reputation.

Second, Article 43 of the Trademark Law also stipulates that a trademark licence agreement must be recorded with the China National Intellectual Property Administration (CNIPA) in order to be enforceable against third parties.

Third, the licensing agreement must specify the scope of the licence, including:

• the goods and services used;
• the territory or geographical area in which the trademark can be used; and
• the duration of the licence.

Fourth, the licence must be specifically for exclusive or non-exclusive use. If the licence is exclusive, this means that:

• the licensee is granted exclusive rights to use the trademark within the agreed scope; and
• the licensor is typically not allowed to grant further licences to other parties within the same territory and scope.

The licence also:

• must not be used beyond its terms; and
• must be used in good faith.

9.2 Must trademark licences be recorded with the trademark office or other governing body?

It is not mandatory to record a licence in order to effect it; however, pursuant to Article 43 of the Trademark Law, a trademark licence must be registered with the CNIPA in order to be enforceable against good-faith third parties.

9.3 Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?

No.

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)?

In China, foreign trademarks that are not registered can be enforced only in limited, fact-dependent circumstances – primarily:

• through recognition as well-known marks; or
• via unfair competition law protecting indicia with market recognition.

Establishing well-known status requires robust, China-focused evidence in relation to matters such as:

• market share;
• sales;
• advertising;
• the duration and geographic scope of use;
• media reports;
• awards;
• enforcement history; and
• consumer recognition.

The threshold is very high.

The Anti-unfair Competition Law can also protect unregistered commercial identifiers that have a 'certain influence' (ie, market recognition within a region or channel) in China, including:

• trade names;
• logos;
• product names;
• packaging; and
• trade dress.

If a foreign sign, although unregistered, has acquired distinctiveness and reputation among relevant Chinese consumers, a court may enjoin confusingly similar use that constitutes passing off. The defendant's conduct must be likely to cause confusion about source or sponsorship; and the plaintiff must show that its identifier was recognisable in China prior to the defendant's adoption.

Finally, there are narrow avenues in domain name dispute policies, such as that of the China Internet Network Information Center, to recover '.cn' or Chinese-character domains that are identical or confusingly similar to an unregistered mark if the complainant can demonstrate:

• prior rights;
• bad-faith registration and use; and
• evidence of recognition in China.

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

Yes, the China National Intellectual Property Administration does permit registration of a trademark in China based on an international (Madrid System) registration. China is a party to the Madrid Agreement and the Madrid Protocol, which allow foreign applicants to seek trademark protection in China through an international application administered by the World Intellectual Property Organization. Either the domestic filing or the Madrid filing is up to the same standard of review.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.