A new provision was added to the new Trademark Law (under Article 15.2), effective as of May 1st 2014, providing for disproval of registration of a mark that is identical or similar to another’s mark in prior use, covering the same or similar goods, and under dispute by that other, where the applicant has unequivocal knowledge of the existence of such other’s mark due to contract, business relationship, or other privities, other than as provided under the preceding paragraph.

The previous Article 15 only provides where an agent or representative, without authorization of the client, seeks to register in its own name the client’s trademark and the client objects, the trademark shall not be registered and its use shall be prohibited.

The new provision allows protection for more circumstances on preemptive registration, such as trading, commissioned processing, franchising, investment, sponsorship, business investigation and negotiation.

We learned from recent seminars with the judges of Beijing Intellectual Property Court that the court has some principles when handling matters related to preemptive registration, please read our website for more information.

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