EU-China roving seminars on the Chinese trademark system Print

9 and 11 June 2010, Spain and Germany

IPR2, together with the Office for Harmonisation in the Internal Market (OHIM), the German Patent and Trademark Office (DPMA), the Spanish Patent and Trademark Office (OEPM) and China’s Trademark Office under the State Administration for Industry and Commerce (SAIC) held two one-day seminars in Madrid and Munich on China’s trademark system. The workshop helped to raise awareness among more than 100 European trademark holders and IP practitioners and provided the opportunity to hear directly from Chinese officials on trademark protection mechanisms.

The Chinese experts provided advice for foreign companies as part of introducing China’s trademark laws and regulations on enforcement, examination (absolute grounds, relative grounds) and registration procedures as well as detailing the latest developments and challenges with the Trademark Review and Adjudication Board (TRAB) of SAIC. They continued with an overview of the Anti-Unfair Competition Law for enforcement and against passing-off practices and the protection of trade dress representation. 

The seminars helped to increase the knowledge of European industry on the Chinese trademark system and its practical management and invited feedback from European users with experience of the Chinese system. 

Participants took the opportunity to talk directly with the Chinese officials and were interested in the following technical issues: 

  • Relation between trademarks in Latin letters and Chinese characters.
  • State of play on the update of the revision of the Trademark Law.
  • Sub-class system (similarity of goods in same class or sub-class)
  • High pertinence of well-known trademarks in China; importance of providing evidence. Is it possible to file extra evidence at TRAB stage and is there a possibility for a second round? What are the deadlines?
  • New revisions foreseen in the Trademark Law to improve efficiency.
  • Unregistered famous trademark (Article 3 of China's Trademark Law) foresees protection of registered and unregistered well-known marks
  • Validity of “evidence of use” when collected from Hong Kong or Taiwan (should be collected within territory of mainland China).
  • How to be classified as a 'priority case'?
  • Extent of protection for trade-dress.
  • Recognition of licensing.
  • The necessity of filing a Power of Attorney.
  • Co-existence of trademarks that are the same and filed on the same day.
  • Accessibility of the Chinese database in English.
  • The border line between filing a 3D or an industrial design.
  • Translation of trademarks in Chinese, phonetic or meaning? And in which language Practice and policy, including quality
  • TM production
  • Quality management and IT operations
  • Appeal and cancellation practices (case review)
  • Institutional and co-operational issues

IPR2 has previously organised a workshop in Brussels in December 2009 to raise awareness among European right holders on the Chinese system for protecting trademarks. Read more.

SAIC is the ministerial authority in charge of market supervision/regulation and related law enforcement. The main areas of activity include trademark exclusive rights protection, fair competition maintenance, consumers’ rights and interests’ protection and enterprises’ registration. It operates directly under the State Council of the PRC. 

Useful links

State Administration for Industry & Commerce (SAIC)

Office  for Harmonisation of the Internal Market (OHIM)

For more information on trademark protection, contact Mr Andreas Obst This e-mail address is being protected from spambots, you need JavaScript enabled to view it . 

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots, you need JavaScript enabled to view it . 

[IPR2 ref: CC6.AW3.003]