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Chinese Market Plan

​Chinese trademark registration

Since the China Trademark Registration Committee is divided into three departments (pattern, Chinese, and English) to examine whether there are similar trademarks, we recommend that customers register Chinese trademarks, English trademarks and patterns separately, and pattern creation can be protected through copyright registration.

Copyright registration protection in China

Registered pattern trademarks can only be protected in the registered trademark classification, and cannot fully protect the pattern design from infringement and plagiarism. We strongly recommend that pattern designers register copyright for the pattern to protect their intellectual property.

Case: Doraemon uses copyright to overturn a registered infringing trademark

What is "withdrawal from three?"

According to the provisions of the Chinese Trademark Law, if a trademark has not been used for three consecutive years after registration, any company or individual can apply to the China Trademark Office for the cancellation of the registered trademark. This procedure is referred to as "Revocation of Three". In China, where infringements are serious, "three withdrawals" and "three withdrawals" are very common, and they are the simplest way to protect rights.

When anyone applies to the China Trademark Office for "three withdrawals", the other party (trademark owner) needs to submit evidence of actual use of the trademark (such as documents, advertising evidence...) to the Trademark Office, and then apply for "three withdrawals" The petitioner does not need to find evidence to prove that the other party did not use the trademark, so the petitioner only needs to make a request to withdraw the third party.

The petitioner may entrust a trademark agency to submit a "three withdrawal" request to the Trademark Office. After receiving the request, the Trademark Office will notify the trademark owner and require him to provide the Trademark Office with evidence of use within three years. After the Trademark Office examines the evidence of use, Make a decision on whether to revoke the trademark.

China Customs filing

Use rights, copyrights, and copyright-related rights can be entrusted to a trademark agency to file with the General Administration of Customs of China for customs protection of intellectual property rights, apply to the customs for detention of suspected infringing goods, and report import and export infringing goods. The protection period for customs protection filing is 10 years.

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