Five Common Misunderstandings About Trademark Litigation In China

Misunderstanding 1 - I registered my trademark. If someone else was using my trademark without authorization and I begin litigation proceedings against them, it will of course be ruled as infringement!

• Generally, use of a trademark without authorization is considered infringement,

However

• Legal provisions for proper use are outlined in the China Trademark Law: "The exclusive right owner of a registered trademark may not prohibit others from rightful use of the generic names, models or designs of the goods, or direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods, or geographical names as included in the registered trademark."