Trademarks—China—Q&A guide
Trademarks—China—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—China—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Jingtian & Gongcheng—Angell Xi

1. What is the primary legislation governing trademarks in your jurisdiction?

In China, there are two pieces of primary legislations governing trademarks (ie, the Trademark Law of the People's Republic of China (PRC) and the Implementation Regulations for the Trademark Law of the PRC).

In addition, there are several important interpretations issued by the Supreme People’s Court on trademark, which include:

  1. the Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Cases related to Trademark Disputes;

  2. the Opinions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases in Respect of Trademark Right Granting and Confirmation; and

  3. the Interpretations of the Supreme People's Court on Issues Concerning the Jurisdiction and Application of Law for Trademark Cases after the Implementation of the Decision on Amending the Trademark Law.

2. Which international trademark agreements has your jurisdiction signed?

China has signed following international trademark agreements:

  1. the Madrid Agreement Concerning the International Registration of Marks;

  2. the Paris Convention for the Protection of Industrial Property;

  3. the Convention Establishing the World Intellectual Property Organization;

  4. the Nice Agreement Concerning the International Classification of Goods and Services for

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