trademarks Flashcards
Trademark registration validity period
10 Years for both national and international registration
Renewal application
at least 6 maths before expiration and it will add + 10 years
Loss of right
If you don’t use the products for commercial purposes within 3 years from registration
Action in case of trademark conflict
> open a litigation process to seek cancellation
> rebrand the trademark
Trademark squatters
person who actively try to register a trademark and has the right to:
- stop your goods at customs
- sue you for royalties to gain money
Against trade squatters
CTMO in 2018 has started an unofficial program to reject applications done in bad faith (New guidelines of trial cases on Trademark Aut. and affirmation)
2019 Changes in Trademark Law
> anyone can OPPOSE registration within 3 months
anyone can ask the Trademark Appeal Board to invalidate a bad faith (within 5 years)
increased penalties for infringement
What is a trademark
a SIGN that distinguish services or goods of an enterprise from the ones of a different enterprise.
Why do we need trademark
> owners of a mark have the exclusive right to use it to identify gods or services or
to authorize others to use it in exchange of money
prevent unfair competitors
Eligibility
- Legal (not be identical similar to the name or flag of a country or logos of chinese government agencies and int. org.
- distinctive
- not be functional
- available for registration
What can be registered?
- logos and symbols
- words. design letters, numerals, combination of colors and sounds
- what cannot be registered in stated in the Chinese Trademark law
Classification
China uses international classification of goods and services buy had FURTHER SUBCLASSES DIVISION: 45 classes (Nice Classification)
Registration
> first to file system
- has to be registered to prove infringement
- trademark prove a legitimate record of ownership
- Art. 13(3) well known trademark prior registration of another has priority
Translation
> better to register a chinese version
roman character does not protect trademark against registration of similar in chinese
- phonetic or literal translation or BOTH
Procedural steps of registration
> public opposition within 3 months (if no opposition it is published as registered)
if opposed, the applicant can ask for administrative review within 15 days
if not satisfied with review hw can file administrative appeal to Court within 30 days
