Strategic Approaches to Trademark Rights Protection in China

1. Importance of Usage Evidence in China Trademark Registration

Businesses must systematically preserve evidence of trademark usage, as these records play a pivotal role in:

• Demonstrating brand recognition and distinctiveness
• Supporting legal claims in trademark disputes
• Defending against non-use cancellation actions

Key evidence types include sales contracts, invoices, marketing materials, and packaging documentation. When conducting a China trademark registration search, these records help establish prior rights and commercial footprint.

2. Proactive Registration Strategies

To successfully register a trademark in China, companies should:

• File applications before market entry
• Cover core products/services and potential expansions
• Consider cross-class protection for strategic assets

Delayed filings risk squandering market opportunities and enabling trademark squatting – a critical consideration in China’s first-to-file system.

3. Associated Trademark Strategy

Sophisticated applicants often register:

• Primary mark + visual variations (logotype adaptations)
• Core mark + industry-specific derivatives
• Phonetic equivalents in Chinese characters

This layered approach creates concentric protection zones around your main brand identity.

4. Defensive Trademark Registration Framework

While China permits defensive filings under Article 4 of the Trademark Law, practitioners must balance:

• Legitimate cross-class protection needs
• Avoidance of speculative registrations
• Compliance with “use intent” requirements

Effective trademark rights protection typically combines:

Offensive Measures	Defensive Measures
Market monitoring programs	Defensive trademark portfolios
Customs recordals	Watch service subscriptions

5. Evidence Management Best Practices

When preparing to register a trademark in China, maintain:

1. Original documents: Signed contracts with company seals
2. Corroborating records:
   • Production orders with trademark identifiers
   • Dated advertising materials
   • Third-party notarizations
3. Temporal continuity: Annual renewal of key evidence