1 Nov 2018
How can trademarks be registered and any related problems resolved?
China’s Trademark Law operates on a “first-to-file” principle, with any trademarks not specifically registered on the mainland generally not protected. The management and administrative adjudication of trademark registrations falls under the jurisdiction of the National Intellectual Property Administration (http://www.cnipa.gov.cn/).
In instances where trademark ownership/usage is in dispute, the concerned parties should turn to the local trademark authority, market regulation department or any other relevant government body for arbitration. In order for the issue to be addressed and resolved, however, the parties in dispute must employ duly-qualified intellectual property agents as their advocates.