Trademarks Comparative Guide

1 Legal framework

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

The PRC Trademark Law.

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

China has adopted a first-to-file system and trademark rights primarily arise through registration.

Unregistered marks, if deemed ‘well known' by relevant authorities, receive additional protection under relevant laws and regulations.

1.3 What is the statutory or other source of the trademark registration scheme?

• The PRC Trademark Law;
• Its Implementing Regulations issued by the State Council;
• Judicial interpretations issued by the Supreme People's Court; and
• administrative measures and guidelines issued by the China National Intellectual Property Administration.