Five steps to take by 5/1 to protect your trademarks in China

China’s eagerly anticipated amendments to its trademark law come into force on 1 May 2014. This new legislation aims to modernise and streamline the trademark process, strengthen trademark enforcement and make trademark squatting and counterfeiting more difficult. But it can also yield opportunities for trademark hijackers.

Here are the top five steps to take now to protect your trademarks.

1. Do a trademark audit
The new law makes opposition difficult. One of the most important changes in the new trademark law is the removal of the opponent’s right to file a review against the Trademark Office’s decision in an opposition if the initial opposition does not prevail. In that case, the only option remaining would be to file for cancellation. Judging from the China Trademark Office’s (CTMO’s) prior track record, the chance of success in an opposition is not high. This means that you should timely do an audit to identify the gaps in their portfolios and then try to fill these gaps before the new law comes in. Unlike in the US, in China there is no use or intention-to-use requirement to file (it is purely a first-to-file system). Any gaps in a portfolio could allow hijackers to acquire your marks…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

3 Noble Street
London
EC2V 7EE
UK
http://www.dlapiper.com

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 625 (International 50)

Jobs