Marks which are deemed to be "misleading" or
having a "negative influence" can be cancelled. How can
you prevent it?
Are your trademarks potentially misleading? Or can they be
deemed as having a negative influence on society? Both of these are
grounds for cancellation in China. Rouse's Amanda Yang and
Jasmine Lv look at examination criteria and trends, provide
relevant examples and highlight strategies for trademark owners to
adopt.
In recent years, trademark applicants in China have encountered
an increasing number of unexpected rejections, with reasons
including the mark being deemed as "misleading" or having
a "negative influence". The relevant articles in the
legislation are abstract and difficult to understand by brand
owners or IP practitioners; yet, using trademarks in violation of
these articles carries a high risk of punishment by the local
authorities. To better understand this landscape, Rouse has
conducted research into the examination criteria
