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Jun 26, 2012
Connie Carnabuci, Freshfields Bruckhaus Deringer LLP, Hong Kong
Richard Bird, Freshfields Bruckhaus Deringer LLP, Hong Kong

Cancelling registered trademarks in China for non-use


Connie Carnabuci, Freshfields Bruckhaus Deringer LLP, Hong Kong, Richard Bird, Freshfields Bruckhaus Deringer LLP, Hong KongUnder article 44(4) of the 2001 PRC Trademark Law, if a registered trademark has not been used for three consecutive years any party may file a non-use cancellation application with the China Trademark Office.

For foreign brand owners this is both a shield and a sword. It can offer a way to clear the path if your brands have been hijacked in China. At the same time, an action for non-use poses a potential threat to defensive registrations and other legitimate place-holding registrations for overseas brands you may want to roll out in the Chinese market in the future.

In this briefing, we look at what brand owners can do to remove abusive filings and to defend themselves against an application to cancel their trademarks. When does the three-year period start? From the registration date.  read more