An entrepreneur who has neglected to act beforehand, who has not applied for his
trademark well in advance, is in a more difficult situation. This is because, in order to
retrieve a trademark in such a situation, it is necessary to obtain the cancellation of the
rights to the trade mark that one wishes to register, and then to file a new application for
the trade mark. Extinction of trademark to a trade mark for non-use is one of the formal
procedures that can be carried out in accordance with the law. As long as the trademark
in question has not actually been used, the office will extinguish its legal protection. The
next step is to apply for protection of your own mark.
The process of retrieving a trademark consists of several stages – procedures. The
first is to lead to a situation where the registration of a trademark that you want to register
is revoked, and then the trademark is filed for yourself. In mainland China, it is not
possible to carry out this operation with a single procedure. Retrieving a trademark in
China requires the involvement of a professional attorney. Firstly, because all
documentation should be prepared by a competent lawyer, in addition, it must be
prepared in Chinese. Trademark Partners has many years of experience in this – thanks
to this we know how to conduct a reliable analysis of the situation. If you are wondering
whether to battle to retrieve a trademark in China, contact us. There is much we can
suggest.
You can always battle to get your trademark back, with a real chance of retrieving if you
are able to prove bad will on the part of the company or person who applied for the
trademark in proceedings before the Chinese Patent Office, or if you are successful in
having the rights to the trademark extinguished. Success in the second procedure is
possible when the registered trademark has not actually been used in the three years
preceding your application for extinguishment.
Battling to retrieve a trademark in China is a multi-step process. It should always start with a good analysis of the situation. At the outset, you should consider whether you have a chance in the case and what the strategy is the best to adopt. It will certainly be necessary to check whether there is a basis for requesting the cancellation of a trade mark registration on the grounds that it was filed in bad will. It is possible that a market analysis of the use of the mark or records in the trademark database will be required on the Chinese side. It is best to entrust this activity to a professional representative. At Trademark Partners, we have experience in this area and can effectively handle such projects. If you would like to discuss your case, contact us.
The battle to retrieve a trademark in China cannot be solved with a single application.
Ideally, you will need to either cancel your existing trademark rights or extinguish them in
a cancellation proceeding for non-use, and then file your trademark for protection. If all
goes to plan, you will need about 20 months to obtain trademark rights in your favour.
However, such a situation is subject to a number of considerations and is relatively rare.
It all depends on the specific case, of course, but realistically you should be prepared for
a battle lasting about three years.
Trademark retrieval in China is one of our core expertise. On more than one
occasion, we have dealt with cases where a trademark has been registered by people
who have no right to it. We know what to do, step by step, to help the rightful owner. We
know this because we are a team of experienced experts in the area of trademark
protection in China and other Far East Asian countries.
If you learn that an unauthorized third party has registered your trademark, you should be
aware that it is possible to file a trademark cancellation application in China. In a situation
where your trademark has been filed for protection in China and has been pre-approved
by the Trademark Office, we can file an opposition within three months from the date of
publication of the intention to protect. However, it is important to provide proper
justification and evidence. Trademark Partners assists its clients in preparing such
documents.
Trademark registration in China is based on the principle of "first-come, first-served".
Therefore, the Office will first consider the request for registration of the person who first
submitted such an application.
It is often the case that third parties register the trademarks of European and American
companies in China in order, for example, to sell them for large sums of money, to force
exclusive distribution, or simply to block the export of products from China under a
particular brand.
We are a team of experts specializing in trademark protection in China, as well as in other Far East Asian countries. Our specialize is the registration and retrieval of a trademark in China registered against the owner’s will. Trademark Partners also creates Chinese counterparts to brand sounds. We have the competence to manage entire brand portfolios in Asia.
Trademark retrieval in China is not an easy task, but our knowledge and skills allow us to provide professional assistance to our clients. Our partners are experienced lawyers and patent agents. Many years of experience, local presence in China and numerous successes of Trademark Partners encourage you to use the services of the company. We are efficient in our activities and approach each of our clients individually. We are committed and punctual. Our extensive knowledge of business in Asia enables us to provide advice at the highest level. If you would like to find out more about what we can do for you, please contact us by e-mail or telephone.
