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How are trademark rights created?
In China ,a trademark rights are created solely by registration, even if the mark is not actually used.
What are the advantages of a trademark registration?
● A registered mark can be enforced throughout China, regardless of whether it is being used or enjoys goodwill in any particular area. An unregistered mark can be enforced only in those areas where it has been used sufficiently extensively to establish goodwill;
● Many parties search the Trademarks Register as an aid to selecting new trademarks. If your mark is registered, competitors who conduct such searches are much less likely to unwittingly choose a mark that conflicts with yours, thus nipping potential infringement disputes in the bud;
● The Trademarks Office itself often refuses applications to register trademarks which are likely to be confused with previously registered trademarks. This can also curtail problems, if your trademark is registered;
● The owner of a registered trademark may initiate infringement proceedings in either the provincial or federal courts. The owner of an unregistered trademark may not initiate trademark infringement proceedings, but must rely on "passing off" proceedings, which subject a plaintiff to a more onerous burden of proof;
● After a trademark has been registered for five years it cannot be challenged on the basis that another party used it first (unless the owner of the registered trademark knew of the other party's use before adopting the trademark). This "incontestability" provision can be quite valuable, since one can never be absolutely sure what unregistered trademarks might be in use somewhere in Canada;
● .A China trademark registration can be used to claim priority in registering the trademark in foreign countries, but foreign registration may not be possible if the mark is unregistered in China.
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