For internationally active companies, China is often a key market where trademark protection is of utmost importance. At the same time, it is also a jurisdiction where businesses must contend with numerous counterfeits. To enhance their protection and facilitate the enforcement of their rights, trademark owners have the option of featuring their marks in specific publications issued by Chinese authorities. In this article, we examine the opportunity to publish trademarks in the Journal of Chinese Industry and Commerce (I) and within the Key Trademark Protection Lists (II).
I. Publication in the Journal of Chinese Industry and Commerce
Formerly known as China Market Regulation News, this journal is published under the governance of State Administration for Marker Regulation.
Which trademarks are eligible?
Any trademark that is registered in China and remains valid.
Why publish?
To increase brand visibility among Chinese authorities, assist inspectors in identifying counterfeits, and strengthen the brand owner's position in invalidation or opposition proceedings.
When?
The publication is issued once a year, in a special edition released on World Intellectual Property Day. The next edition will be published on April 26, 2025.
II. Publication within the Key Trademark Protection Lists
These lists are published by regional administrations or associations, and are intended to replace the list previously published by the former State Administration for Industry and Commerce. There are currently three main separate lists, corresponding to the provinces of Shanghai, Guangdong, and Beijing.
Which trademarks are eligible?
Any trademark with a strong presence in the Chinese market that frequently faces counterfeiting due to its reputation. Applicants must provide court decisions demonstrating that the brand’s well-known status has been officially recognized by Chinese judges.
Why publish?
To enhance the protection of well-known trademarks and strengthen the brand owner’s position in invalidation, opposition or infringement actions.
When?
The application timelines vary by region, but submissions are generally due during the summer for publication at the end of the year. Trademarks remain on the list for a period of three years.
Of course, these publications do not have the same legal weight or scope as formal trademark registrations. In the event of a dispute, Chinese judges or examiners are not obliged to take these publications into account when making their decisions. However, for certain trademarks, they can serve as an interesting supplementary measure.Do not hesitate to contact us to assess, on a case-by-case basis, the relevance of featuring your trademarks in these publications.
By Marine DISSOUBRAY
