China Event

Brand Protection

Brian Clayton, Eversheds LLP3rd July 2012

Brand Protection in China

• The Landscape for Brand Protection• What’s available?• How does it work?• What if………..

The Landscape for Brand Protection

• Is it very different to other jurisdictions?– basic processes are essentially the same, its

how they are applied which differs • What is “China”?

– Hong Kong, Macau, Taiwan all separate• Do I really need to take special steps?

– yes!– need to take a look well in advance of desire

to trade – take advantage of non-use period– changes are afoot – or are they?

What‘s available?

• Registered Trade Marks• Registered Designs

– 2D designs protection?• Unregistered Rights

How does it work

• Registration process– slow (around 12-18 months to examine)– quite rigid and inflexible– rigorous examination with very strict criteria

for both absolute and relative grounds– 10 year term

What if…………………(1)

• My mark is refused on absolute grounds– can appeal but may need to consider

replacing or amending the mark; absolute grounds objections very difficult to overcome

– cultural differences– appeals slow and multi-level but TRAB

regarded as better and less “home-biased” than CTMO

What if……………………(2)

• My mark is refused on relative grounds- cancellation – non-use for 3+ years- invalidation – mark should never have been

registered – “bad faith”- purchase – can be expensive- all routes likely to be lengthy

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© EVERSHEDS LLP 2012. Eversheds LLP is a limited liability partnership.