In China, bad faith registration of third-party trademarks is prohibited. Until recently, it was nevertheless difficult to act against trademarks that were no exact copy of the relevant trademark, even if the bad faith was obvious from the point of view of the company concerned. It took a while, but in the meantime the chances… Continue reading Cancellation of Trademarks Filed in Bad Faith in China
Tag: bad faith trademarks
Blue Sky Project: Strict Monitoring the Trademark Agencies
In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies
Defensive Trademark Application as Inexpensive Brand Protection Strategy
In order to counter the proliferation of bad faith trademark applications by counterfeiters, foreign companies should not only register their own trademarks in China, but also trademarks with similar words, signs and designs as defensive trademarks. Although these defensive trademarks can be cancelled after three consecutive years for non-use, their registration is cheaper than other… Continue reading Defensive Trademark Application as Inexpensive Brand Protection Strategy
Non-Use Cancellation: Defense against Bad-Faith Filings
When a foreign company decides to register its trademark in China, it is not uncommon that the application is rejected by the authorities. The reason: a Chinese company or an individual has already registered the trademark before, with an objective to capitalize on it later. This tactic is known as trademark hijacking, when a Chinese… Continue reading Non-Use Cancellation: Defense against Bad-Faith Filings
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