Trademark maintenance in China is of great importance, since you must use the mark in actual commerce after registration. Otherwise, your mark may be revoked by other people based on non-use for three consecutive years. In addition, you may also be in adverse position when making response to the invalidity application filed by the opponent party if any.
The State Intellectual Property Office (SIPO) does not require proof of use in commerce in the processing of trademark applications. However, during the life of the trademark, the applicant or registrant must prove that it is using the mark in China as required when the mark in revocation due to non-use for three consecutive years or invalidity procedure, etc.
Importance of Trademark Maintenance
There are more than 3 million of trademarks registered in China in 2017. Every day, there are hundreds of thousands of trademark being applied for registration. It is difficult to get a trademark registered successfully nowadays. Therefore, if you get your trademark certificate finally, you should maintain your trademark well.
Trademark maintenance involves actions that people or businesses take to keep trademarks they own valid. If you want to keep your registered trademark, you need to maintain it. Trademark maintenance in Chin may include revocation due to non-use for three consecutive years, change of applicant’s information and trademark renewal.
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Maintain Your Trademark in China
In China and most other jurisdictions, a trademark right is a private right and the trademark owner needs to take charge of the monitoring and enforcement of this right. Your trademark registration shall be in force for 10 years, and may be renewed indefinitely for periods of 10 years. In the daily commerce, you need to pay attention to collect the proof of use.
What can be used as proof of use
The following materials can be accepted by SIPO as proof of use:
1. Labels of the mark as these are used;
2. Downloaded pages from the website clearly showing that the goods are being sold or the services are being rendered in China;
3. Photographs of goods bearing marks as these are actually used or of the stamped or marked container of goods and of the establishments where the services are being rendered;
4. Brochures or advertising materials showing the actual use of the mark on the goods being sold or services being rendered in China;
5. Receipts or invoices of sale of the goods or services rendered or other similar evidence of use, showing that the goods are placed on the market or the services are available in China; and
6. Copies of contracts for services showing the use of the mark; and
7. Other evidences of use.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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