Trademark protection in China presents unique challenges due to its distinctive legal framework. Many clients face increasing difficulties, particularly with the growing scarcity of trademark resources and the reduced acceptance of coexistence agreements. These factors have fueled a sharp rise in non-use cancellation applications—approximately 180,000 in 2023, with projections exceeding 200,000 in 2024. Statistics show that in such cases, over 90% of trademarks are either fully or partially cancelled.
In comparison, copyright registration offers a more stable alternative for protecting intellectual property. Unlike trademarks, copyrights are not subject to non-use cancellation attacks, and they provide several compelling advantages:
- No Goods Limitation: Copyrighted logo can be protected in all 45 Classes. The copyright registration certificate is a prima facie evidence of copyright ownership, and is very helpful in convincing the examiners that a pirated logo should be refused of registration.
- Enhance Chances of Success in Trademark Dispute Cases: CNIPA has increasingly considered copyright registrations in opposition and invalidation cases, enhancing the chances of favorable outcomes.
- Time-effective for Registration: According to the latest notice of the China Copyright Protection Center, the processing time for copyright registration of works will be reduced to 20 working days from the date of acceptance. Under expedited circumstances, the registration certificate can be obtained in about two weeks.
- Easier to Obtain Copyright Registration: For logos or design marks facing challenges under stringent trademark examination criteria, such as absolute grounds or prior similar marks, copyright registration offers a viable backup solution.
- Support for Enforcement: Copyright registration can be recorded with Chinese Customs to mitigate risks of goods being impounded due to prior conflicting marks. It also serves as acceptable proof in online complaints, cease-and-desist letters, and civil actions.
- Low maintenance cost: Unlike trademarks or design patents, which require renewal every ten years or each years, copyright protection lasts up to 50 years from the date of first publication for works by legal entities, with no additional maintenance costs.
Any original work within the 50-year protection period is eligible for copyright registration in China. If the client's works are preregistered by others, there is no way to revoke the copyright registration through administrative methods. It is also difficult to revoke it through litigation. Therefore, we always recommend the client file copyright application for its logo mark for comprehensive protection.
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.
