TRAB Recognizes Use of Trademarks in China Based on Mass Media Reports

Originally published 21st July 2017

In February 2017, the China Trademark Review & Adjudication Board (TRAB) supported the trademark invalidation action raised by a US company and decided the registration of the trademark "DROPCAM & Chinese characters" to be invalid. In this case, the TRAB recognized the Petitioner's trademark in China, which had no actual business operation in China, to have a significant degree of influence in China due to the relevant mass Chinese media reports, and accordingly found that the disputed trademark constituted a rush registration of the Petitioner's trademark "in prior use and with a significant degree of influence in China", and thereby decided that the disputed trademark shall be invalidated per Article 32 of the PRC Trademark Law.