GEVERS won for one of its clients an important battle against the trademark hijacking in China based on copyright infringement claim.
In that particular case, the client had no trademark registration in China and discovered that his device mark was filed by a Chinese company in bad faith. An opposition was then filed against the trademark hijacking.
During the opposition proceedings, the client followed GEVERS’ advice by filing copyright registration in China for his device mark. A copyright infringement was then claimed and the claim was supported by the China Trademark Office.
Indeed, according to the recent practice of the China Trademark Office, more and more oppositions are based on copyright infringement claim. Prior copyright registrations (usually accompanied with proof of prior publications) are widely used to support the copyright ownership and accepted by the China Trademark Office. Meanwhile, oppositions filed on the mere ground of likelihood of confusion (i.e. conflict with a prior mark registered in China) are seldom supported by the China Trademark Office.
Under such, we strongly advise our clients to take full advantage of the copyright registration system in China. A copyright registration can be particularly interesting:
- If you wish to enhance your trademark protection in China in order to efficiently battle against trademark hijacking;
- If you have no protection on your device mark in China; and/or
- If your device mark was refused by the China Trademark Office and you seek for alternative protection.
For more information, please contact GEVERS China Desk at
or the attorney responsible for your file(s).