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CHINA LAW FIRM
The LEHMAN, Lee & Xu China Trademarks Newsletter keeps you  up to date on recent developments in China Trademark law and practice
Protect Yourself: Register China Trademarks in Many Classes
Early this year the Supreme People’s Court of China issued new guidelines on interpretation of Trademark rights. The new guidance from the Supreme Court indicates that registration in a new or different class, of a trademark similar to a trademark already used by another party in a particular class, will not violate Article 32 of China Trademark Law.
 
Article 32 indicates that an application for trademark registration under “bad faith” of a trademark already used by another party is prohibited. The new guidance indicates that registration of a trademark in a different class from products or services currently associated with a particular trademark will be valid.
 
Previously, the similarity of goods or protected classes was not an explicit consideration under the law. The new guidance means that even if you register your trademark for clothing products, another party may register the same mark for food products or electronics. This clearly carries the potential for brand dilution.
 
Whether you are currently doing business in China, or just exploring opportunities, it is important to register your trademarks now. This means not just registration in your one primary class, but also registration in as many separate classes as possible. You should also taken into account China’s sub-class system. Lehman, Lee & Xu’s Trademark experts are ready to guide you through the process of trademark protection in China.
 
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