It used to be rare for one of our clients to be unable to secure
a desired trademark in China because someone had beaten them to it.
With the proliferation of trademark filings in China over the last
3-5 years, those halcyon days are over.
When our pre-application screening turns up a conflict with a
previously registered trademark, we often suggest determining
whether the preexisting trademark has been abandoned. Under Chinese
trademark law, failing to use a China trademark in commerce at
least once every three years puts the trademark at risk of
cancellation. I use the words "at risk" because in China
a trademark is presumptively valid throughout its
term unless someone files a non-use cancellation against
it (or otherwise challenges its validity). Of late, our China
trademark lawyers have been fielding a bunch of inquiries regarding
non-use cancellations.
