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What is the requirement of trademark cancellation in China

A registered trademark can potentially exist in perpetuity- assuming that your trademark mark is kept in proper order. Your registered trademark can become abandoned if you fail to make the proper filings before the China States Patent and Trademark Office (CSPTO). Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.

The two most common reasons for a trademark cancellation are non-use by the registrant and the mark becoming generic. Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce. Substantial non-use in commerce provides the opportunity for third parties to file a cancellation before the CSPTO. The third party would need to properly detail the grounds for such non-use, and provide specific details that clearly show that you have not been using your mark. It is thus important to continue to use your registered trademark in commerce, and make the necessary filings before the CSPTO.


How To Find A Good Patent Attorney in China

I recommend that you begin the patent process by doing your own legwork on how to get a patent. Go to your local library and read Peter Chu's  "Patent It Yourself" book as well as any other books on the subject. This book is also available at China main law bookstores.

Although this research can be time consuming, if you familiarize yourself with the steps involved, you will have a good general understanding of the legal process involved, which will help you work better with your patent attorney, and ultimately help you cut your costs in the long run.


The importance of registering your trademark in China

  1. Trademerk registration makes it easier to protect a mark against would-be copiers in China market.A trademark is either a word, phrase, symbol or design, or plural combination, which identifies and distinguishes the source of the goods or services of one party from those of others.
  2. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

Procedure and tips of registrating a trademark in China


Generally we have two methods, if the applicant, for both a company and an individual, is applicant who has China nationality. First is appointing a China local trademark agency authorized by the State Administration of Industry and Commerce of China to deal with the application, including jobs of preparing files and delivering of files, second is dealing with the application by the company or the individual itself. Of course, for both methods, the owner of the trademark is the applicant which will not be affected.


How to protection your trademark in China

Growing global trade in pirated and counterfeit goods threatens America's innovation economy, the competitiveness of our leading companies and small manufacturers, and the livelihoods of their workers. Bogus products - from CDs, DVDs, software and watches to electronic equipment, clothing, processed foods, consumer products, and auto parts - are estimated to account for up to seven percent of global trade and cost legitimate rights holders around the world billions of dollars annually.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.