Protecting well-known brands not registered as trademarks

By Liu Yushen, Chang Tsi & Partners
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Well known foreign brands face infringement headaches of many kinds in China.

The legal system and judicial practice in the PRC are improving, and intellectual property law can provide some protection for well-known brands. However, many problems still exist, one of the most prominent being the question of to what extent a well-known foreign brand that has not been registered as a trademark in the PRC can obtain protection.

Securing protection

Liu Yushen 刘育深, Lawyer/ Senior Client Manager 律师/高级客户经理, Chang Tsi & Partners 铸成律师事务所
Liu Yushen
Lawyer, Senior Client Manager
Chang Tsi & Partners

If IP registration (including registration of trademarks, designs and copyrights) has been carried out in the PRC for a well-known foreign brand, it will have lawful rights when claiming administrative or judicial protection. However, if no applications for, use or registration of a well-known foreign brand has been made or carried out in the PRC, it will be difficult to secure effective legal protection.

Trademarks that are not registered may or may not enjoy public recognition.

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Liu Yushen is a lawyer and senior client manager at Chang Tsi & Partners

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