Using copyright to thwart trademark squatting in China
Brand owners targeted by trademark squatters, but with no previous history of conducting business in China can face an uphill struggle when proving prior rights in the country. Could copyright be the answer?
China is a first-to-file trademark jurisdiction that does not require trademark applicants to demonstrate use of or an intention to use an applied-for mark. This makes China’s trademark system ripe for abuse by trademark squatters (ie, persons who apply to register third-party trademarks with the aim of selling them back to the legitimate rights holders).
This article is part of World Trademark Review's premium intelligence and is only available to subscribers.
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.