IP Strategics
In today’s highly competitive market, trademarks and patents serve as essential tools on the battlefield of business strategy. Proper deployment and strategic planning for these intellectual properties are crucial to a company’s success. Trademarks not only symbolize a brand but also represent the company’s image, while patents act as a protective shield for technological innovations. Effectively managing and utilizing these forms of intellectual property is key to maintaining a competitive edge in the marketplace. Therefore, understanding the registration and maintenance processes for trademarks and patents, and developing a sound strategy, will provide robust support for a company’s future growth.
Declaration of invalidity of registered Trademark
A registered trademark shall be declared invalid by the trademark office if it is in violation of Article 10, Article 11 or Article 12 of this Law, or its registration is obtained by fraudulent or other illegitimate means. Other entities or individuals may request the trademark review and adjudication board to declare the aforesaid registered trademark invalid.
The prior rights holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within 5 years from the date of trademark registration For malicious registration, the well-known trademark owner is not subject to a five-year time.
① Violating the Trademark Law : infringing on unregistered well-known trademarks:
② Violating the Trademark Law : infringement on a well-known registered trademark:
③ Violating the Trademark Law : Squatting of unregistered trademarks due to business relationship;
④ Violating the Trademark Law : if the trademark contains false geographical indications:
⑤ Violating the Trademark Law : which are the same as or similar to trademarks that have been previously registered or preliminary examined:
⑥ Violating the Trademark Law : the principle of "first-to-file" supplemented by "first-use":
⑦ Violating the Trademark Law : infringement of prior rights; squatting of well-known unregistered trademarks by improper means:
Revocation of a registered trademark
In China, the non-use cancellation can be initiated by any entity or individual after the trademark is registered for more than three years.
To prove the non-use status, a simple investigation report (usually an on-line search result) will be sufficient. After that, the burden of proof will be shifted to the trademark owner who needs to prove the real business use of the trademark during the past three years, counting back from the non-use cancellation filing date. To prove your trademark/logo "ABC" is commerce in use or/and well-known brand : including all IP certificates, company own web-site, all e-commerce platform, magazines, newspaper, photographs, promotional materials, products photos, Contract, Invoices and other commercial agreements. etc.
Non-use cancellation is a pragmatic and effective tactic to overcome citation in China.
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