How To Effectively Combat Malicious Trademark Applications In China

Malicious applications to register trademarks have long been a significant issue for trademark rights holders in China. Unlike in some countries where trademark rights are based on use, in China, these rights are primarily derived from registration. This makes the problem of malicious applications for trademark registration more challenging. This article explores three strategies to address malicious trademark applications in China, covering conventional practice, less commonly used approaches and emerging judicial methods that have proven effective for right holders.

I. Opposition and Invalidation

To combat trademark squatting, the conventional practice is for the prior right holder to initiate opposition or invalidation proceedings to prevent the squatted trademark from being registered or to declare the registration invalid. Given that China's trademark rights are primarily acquired through registration, the prior right holder has to bear a heavier burden of