Intellectual Property – PRC – TRADEMARKS



PRC Trademark law was promulgated in 1982. The recent amendments are in October 2001. You have to register your trademark in the PRC before you can seek legal protection in the PRC. There is no equivalence of “passing off” in the PRC, therefore if you do not register your mark, there can be no protection.


The only exception is that if you can prove that your mark is well-known trademark in China, you can still have protection under the Provisions for the Recognition and Protection of Well-Known Trademarks 2003. Even under this new regulation, you still have to apply for accreditation from the Trade Mark Office.


We are proud to represent Korean Monopoly Bureau in their ginseng products trade mark registration “正官庄 ” in mainland China. This trade mark was first registered by competitor. We succeed in striking out all previous registration and protect rightful interest of our Korean client.