Can you register a trademark that is already in use in China?

Introduction

In the intricate landscape of trademark law, the issue of registering trademarks that are already in use but not yet registered presents unique challenges. This document, crafted by Michael Xu, a seasoned intellectual property lawyer with two decades of expertise in China, delves into the legal nuances of such cases, illustrating the capabilities of his experienced legal team.

1. Protection of Trademarks in Use but Unregistered under Chinese Trademark Law

Chinese Trademark Law primarily operates on a "first to file" system, which generally prioritizes the registration of trademarks over prior use without registration. However, unregistered trademarks can still enjoy limited protection under the Anti-Unfair Competition Law if they are recognized as well-known marks. This section explores how unregistered trademarks that have gained public recognition might still receive legal protection against infringement.

2. Registering a Trademark Already in Use by Another Party

The possibility of registering a trademark that is already in use by another entity hinges on several legal and ethical considerations. While the "first to file" rule allows such registrations, the act may face legal challenges if the original user can demonstrate prior use and reputation in the market. This part discusses the circumstances under which such registrations are possible and the potential legal battles that may ensue.

3. Expertise of Michael Xu’s Legal Team

Michael Xu's legal team, with fifteen years dedicated to intellectual property legal services, has a profound understanding of trademark law. Their experience is particularly strong in handling cases of intellectual property infringement, including disputes involving pre-used but unregistered trademarks. This section highlights several case studies where the team successfully represented clients in complex trademark disputes, showcasing their strategic approach to litigation and negotiation.

Conclusion

The registration of pre-used but unregistered trademarks in China is fraught with complexities that require expert legal guidance. With Michael Xu's comprehensive legal knowledge and his team's proven track record, clients are well-equipped to navigate these challenges, ensuring their trademarks are protected and their rights enforced under Chinese law.