Trademarks Comparative Guide

1 Legal framework

1.1 What is the statutory or other source of trademark rights?

In China, trademark rights are created and governed primarily by statute, not by common law. The core statute is the Trademark Law, which sets out:

• who can register a mark;
• what can be registered;
• how applications are examined;
• how rights are enforced; and
• what remedies are available.

1.2 How do trademark rights arise (ie, through use or registration)?

China is a first‑to‑file jurisdiction, which means that, as a rule, rights arise from registration rather than from use. If two parties file for the same or similar mark on the same or similar goods or services, the application with the earlier filing date generally wins, assuming that it meets all legal requirements.