This memo offers brief updates on trademark prosecution in the PRC.
Bad Faith Registration
- See here for East IP’s April 2025 survey of recent civil decisions in China where trademark owners have secured compensation and other remedies based upon unfair competition. These civil actions are pointing the way towards new best practices for dealing with bad faith filers. For example, two courts have imposed joint and several liability against trademark agents representing bad faith pirates. Two courts have also ordered pirates to pirate de-register all pirate marks they continue to own – thus avoiding the need for invalidation actions by the victim brand owner.
- Overall, oppositions and invalidation actions are becoming easier to win.
- Case decisions have recently been issued that suggest marks registered by certain pirates can be invalidated even after the five-year time bar imposed by current law.
Higher Chances of Rejection
The Trademark Office (TMO), the Trademark Review and Adjudication Division (TRAD) and the courts are continuing to reject more and more applications based upon absolute grounds as well as a larger number of citations, ostensibly based upon a policy introduced in 2023 intended to reduce the overall number of new marks approved in China. Trademark owners need to keep the heightened risk of rejection in mind when strategizing on new filings. Early filing is recommended to allow time for dealing with possible refusals. For further details, see here.
Non-Use Cancellations
The TMO has imposed a number of new requirements on petitioners seeking cancellation of registrations for non-use, including requirements that seem intended to prevent petitioners from filing through proxies. See here for our latest firm update on these developments.
Consent Letters
The TRAD and courts are continuing to reject nearly all consent letters submitted in appeals of rejected applications. See here for further details.
Suspension of Application-Appeals
The TRAD and courts are consistently agreeing to suspend the handling of application appeals pending the results of co-pending actions against cited marks. For further details, see here.
Status of Revision of PRC Trademark Law
The legislature and CNIPA are continuing research and consultations over a proposed amendment of the Trademark Law. Enactment of any revision is unlikely until 2026 or 2027. For East IP’s White Paper on a draft revision of the law circulated for public comment in 2023, see here.
Pendency
The TMO and TRAD are continuing to process applications and other actions at a respectable pace by comparison to other countries, with new applications generally examined within three to five months. For further details, see here.
