Trade marks are of significance to EU business in China. Ensuring sufficient protection of trade marks is vital to maintain repute and hold market share.
Since 2017, a variety of activities implemented by IP Key China have addressed several issues which remain prevalent on the Chinese market. These include bad faith applications, the onerous burden of proof, and the protection of well-known trade marks:
Alignment of Legislation:
- IP Key China’s contribution to the Revision of Chinese Trademarks Law
- Seminar on the Latest Development in the Field of Trademarks with the China National Intellectual Property Administration - CNIPA (2022, Online)
- The EU-China Exchange on Trademarks Law (2019, Beijing China) with CNIPA
- The Training: Co-existence of Geographic Indications and Trademarks (2021, Online) with CNIPA
- The IP Café on Bad-faith Trade marks Registration and Application (2022, Beijing China)
Trade Mark Information Cooperation:
With the support of IP Key China, TMview has included the Chinese trade mark data, made available by CNIPA. Over 32 million Chinese trade marks are accessible in the TMview information tool to any European and global IP users, free of charge.
This study takes stock of provisions amended in the latest revision of the trade mark law (2019), notably for right-holders to defend their rights against applications made in bad faith. It covers four main angles: (1) impact of the introduction of the concept of bad faith as a ground for refusal, (2) addressing transformation of trade marks which generate confusion, (3) recognition of well-known trade marks and their protection against bad faith filings, as well as (4) possible suggestions to further address these issues.
Trade mark protection will remain a priority for IP Key China, particularly with regards to law enforcement. The updated trade mark package that will be delivered for the benefit of EU businesses and right holders in China will also be monitored.