9 July 2014
Online CBA: What Are the Advantages of a Foreign Company with a Registered Trademark Abroad in China?
Q: What Are the Advantages of a Foreign Company with a Registered Trademark Abroad in China?
A: Article 25 of the Trademark Law of the PRC stipulates that "If an applicant applies, within six months of the date of the applicant's first application for registration of its trademark in a foreign country, for registration in China of the same trademark to be used on the same goods, the applicant may be entitled to the priority right pursuant to an agreement entered into between the applicant's home country and China, or an international treaty to which both countries have acceded, or in accordance with the principle of mutual recognition of priority right".
Article 26 also stipulates that "where a trademark is first used at an international exhibition sponsored or recognised by the Chinese government, the applicant for the registration of that trademark may be entitled to the priority right within six months of the date of exhibition of the goods".
(The HKTDC provides one-on-one China Business Advisory Service free of charge to assist companies in resolving problems encountered when doing business in China. For enquiries and appointments, please call (852) 1830 668 or register online.)