Samson G. Yu,

Managing Partner of Kangxin Partners, P.C.

A growing number of foreign companies are becoming aware of the importance of trademark registration in China in recent years. Especially after the iPad trademark case, more foreign companies are having a better understanding on the Chinese first-to-file regime and step up their trademark registration pace in China to gain initiative. In the meantime, foreign companies intend to use various measures to tackle trademark counterfeiting problems.

After the third revision of Trademark Law in 2014, many foreign companies pay special attention to the trademark squatting issue. Questions such as how to put the principles of good faith into practice in trademark cases and how to determine the trial standards have caused wide public concerns. China’s courts and the Trademark Review and Adjudication Board of the State Administration for Industry & Commerce of China have dealt with some squatting cases with new thoughts since 2015, their high professional practices have brought great faith to trademark agents and foreign companies. However, there is still much room for foreign companies to improve their trademark layout in China. To build a more effective defense system, they should consider the class of goods in application and the protection scope based on characteristic of the Chinese Trademark Law.

(Translated by Emily Tan)