Protecting English language Trade Marks in China

Key Points

• The Australia China Free Trade Agreement was signed 17 June 2015 and signals for the next phase of Australia's economic relationship with China. Intellectual Property (IP) owners looking to pursue significant opportunities in China need to be mindful of the nuances of Chinese IP law to ensure they are best positioned for success.
• The rights to a trade mark in China belong to the first part to register the trade mark. This makes it particularly important to proactively secure registered trade mark rights in China.
• Use of a trade mark in China without registration can have adverse consequences - particularly if you are held to infringe the registered trade mark of a third party.