The LEHMAN, Lee & Xu China Trademarks Newsletter keeps you up to date on recent developments in
China Trademark law and practice
China Trademark Usage Requirements
China’s trademark protection system does not require proof of use of the trademark when registering or renewing a mark. This allows businesses and trademark holders to register their mark broadly across all classes, a practice that would not be possible in the USA unless the mark was currently used in each class.
The China trademark may be challenged via an application for cancellation due to non-use. A mark is first eligible for such cancellation after it has been registered for three years. Once such proceeding is initiated, the trademark holder is obligated to provide evidence of use over the prior three year period.
In most cases, demonstrating use the satisfaction of the Trademark Office is relatively easy. Display of the mark on product packaging or advertisements or generally sufficient, and licensing agreements for use of the mark are very helpful.
Evidence may also include manufacturing of the trademark products in China. However, there should be a clear manufacturing agreement providing the Chinese manufacturer the right to manufacture products bearing that trademark.
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