CNIPA: Strategic suggestions on trademark protection of enterprises
CNIPA published Guidelines on Trademark Protection and Enforcement in China on November 23, 2021, which included the following strategic recommendations for enterprise trademark protection:
After trademark registration, make standardized use of trademarks
The trademark registrants must standardize the use of registered trademarks to retain the exclusive right of registered trademarks and avoid infringement concerns. In general, businesses should pay attention to the following factors:
The trademark registrant must, in principle, preserve the trademark pattern similar to that mentioned in the trademark registration certificate while utilizing the registered trademark in commercial activities.
When the trademark in actual use differs significantly from the trademark approved for registration but the distinguishing elements of the brand remain the same, it may be considered use of the registered trademark.
Fixation of approved goods: after a trademark is approved for registration, the allowed goods or services are enumerated, and the brand’s actual usage cannot exceed the scope of approval.
Change of nominal address: After any change in the trademark registrant’s name, address, or other matters relating to registration, the trademark registrant must file an application for change with the Trademark Office in a timely manner following the law.
Standard marking: if a registered trademark is used, “registered trademark” or registration mark “®” may be marked on the goods, goods packaging, instructions, or other attachments.
Prohibition on well-known publicity: producers and operators shall not use the words of “well-known trademark” on goods, goods packaging or containers, or in advertising, exhibitions, or other commercial activities, otherwise they will be ordered to make corrections and fined RMB 100,000.
To avoid trademark revocation, pay close attention to generating and retaining evidence of use.
To avoid the possibility of revocation of a trademark whose use has been discontinued for three years, an enterprise must develop and keep documentation of the brand’s use in advance.
Establish early warning of exclusive right to use a trademark
A company must set up a comprehensive trademark monitoring system to meet a variety of purposes, including but not limited to:
Monitoring of its own trademarks: an enterprise must establish a trademark archives management system, provide a complete list of trademarks, and conduct comprehensive monitoring of its trademarks, particularly the renewal of registered trademarks, to avoid losing the exclusive right to use the trademarks due to a failure to renew during the renewal period.
Monitoring another person’s trademarks: by monitoring another person’s trademarks, a company can take prompt action to commence trademark opposition, invalidation, or revocation procedures owing to a consecutive three-year period of non-use to protect its own trademark rights. In addition, the monitoring of the competitors’ trademarks helps immediately comprehend the competitors’ current business layout or developments.
Monitoring of torts: the field of e-commerce is a high incidence of trademark infringement. The monitoring of the use of trademarks on major e-commerce platforms can timely find clues of infringement and eliminate potential risks of infringement as soon as possible.
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
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