Chinese Trademark Law

May 20, 2014

New Chinese Trademark Law Comes into Force

A new People’s Republic of China trademark law has come into effect on 1 May 2014.chinese trademark law

It is important to know that Chinese trademark rights are accorded to businesses on a first-come-first-serve basis. The fact that you own the trademark in your home country does not mean you have priority or protection in China over the same trademark. For example, a competitor can hijack your trademark and register it in China before you do.

Once that happens, it can be expensive and long-drawn to recover your hijacked brand. You will not be allowed to sell into China or export your products out of China if these products are branded with a trademark that has been registered by a Chinese competitor.

So if you intend to or have started doing business in China, it is advisable to register your trademarks as soon as possible. The new PRC law prescribes time limits within which the authorities must process applications to them. For new trademark applications, the time-limit is 9 months.

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