How to handle similar or identical trademark infringements: General infringements can be handled by the parties through negotiation. If the negotiation fails, they can file a lawsuit with the People's Court or request the industrial and commercial administrative department to handle it. If the perpetrator preemptively registers or registers in bad faith, the party concerned can apply for opposition within the opposition period. If the registration has been completed, the party concerned can request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Legal Basis

Article 60 of the Trademark Law of the People's Republic of China

There are infringement registrations listed in Article 57 of this Law If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

Article 35

If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.