File Your Trademark In China Before Others Do

While the United States grants trademark rights generally upon the first party to use a trademark in commerce, China adopts the First-to-File doctrine, which means it grants trademark rights to the party that first applies to register the trademark. Who would register your trademark? They could be your competitors, employees, distributors or contractors!

While the United States grants trademark rights generally upon the first party to use a trademark in commerce, China adopts the First-to-File doctrine, which means it grants trademark rights to the party that first applies to register the trademark. As there is no requirement to produce any evidence of prior use in order to file the trademark in China, quite a few famous foreign marks have been filed by third parties in China. Except the ¹Individual Industrial and Commercial Households, the China Trademark Office (CTMO) has ceased allowing Chinese individuals to register trademarks, the problem has not gone