The fame game: how reputation can protect unregistered marks in China
Recent decisions have highlighted the evolving approach to protection for unregistered trademarks in China. However, when seeking to prove reputation there are a number of factors to consider
The Trademark Law of the People’s Republic of China is based on the first-to-file principle, which means that exclusive trademark rights are granted to the party which first registers the mark. Such a system inevitably opens the door to so-called ‘pre-emptive’ filings. It is not unusual for foreign brand owners entering the Chinese market to fall victim to the increasingly rampant practice of trademark squatting.
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