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Are foreign trademarks protected in China?

Trademark registration protection is territorial, and it will be protected by law in the country where it is registered. Trademarks registered abroad can be used domestically without the need to produce any documents. But it is not protected by law in the country. Therefore, when foreign brands enter the domestic market, they are also required to register their trademarks and obtain the exclusive rights to trademarks, otherwise they will not receive legal protection. Many foreign brands have registered domestic trademarks before entering the Chinese market. It is not an exaggeration to say that trademarks are market access cards and protective umbrellas. Trademarks registered abroad can be used domestically without the need to produce any documents. But it is not protected by law in the country.

Therefore, when foreign brands enter the domestic market, they are also required to register their trademarks and obtain the exclusive rights to trademarks, otherwise they will not receive legal protection. Many foreign brands have registered domestic trademarks before entering the Chinese market. It is not an exaggeration to say that trademarks are market access cards and protective umbrellas. Secondly, since a trademark registered abroad is used domestically, it must also be registered domestically to be protected.

The name of the protected country and region will be written on your trademark registration certificate. If China is written on the registration certificate, you can apply for a trademark registration certificate from the China Trademark Office. When to apply for a trademark registration certificate It takes about 2-3 months. If you do not apply for a trademark registration certificate, you can still be protected in China. However, when handling legal matters, you will run into trouble without a certificate issued by the Trademark Office, because the registration certificate registered in Madrid is extraterritorial evidence and needs to be faired in Switzerland. Only after certification procedures can it be used as evidence in China. The registration certificate issued by the China Trademark Office can be used directly as evidence, which is much more convenient and easier to be accepted by China's law enforcement agencies.

Legal basis:

"Trademark Law of the People's Republic of China (2019 Amendment)"

Article 17 Foreigners or foreign enterprises in China Applications for trademark registration shall be handled in accordance with the agreement signed between the country where the trademark belongs and the People's Republic of China or the international treaty to which both countries are party, or in accordance with the principle of reciprocity.

Article 18: When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.

When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.

Article 21: The international registration of trademarks shall follow the system established by the relevant international treaties concluded or acceded to by the People's Republic of China. The specific measures shall be prescribed by the State Council.