Facts of the Case

China’s trademark register is quite large, which often results in new applications being blocked by earlier registrations—even if many of these older marks are essentially “zombie” trademarks. When a new application is provisionally refused because of these blocking marks, many naturally resort to filing for a non-use cancellation.

For those friends and IP colleagues who read my posts before, you guys might aware of how much I like to discuss interesting IP topics. One of my dear friends, Mr. Michael Stein (I will connect this post to your LinkedIn account by then), brought out a question the other day – for a Hong Kong applicant, how many methods are there to file a PCT international application?

I recently received an inquiry from a US colleague about filing a PCT international application with CNIPA as the RO without a priority basis. I have rarely discussed this issue with my foreign associates in the past because although CNIPA is one of the PCT receiving offices, the applicant must meet the below conditions. And the fact is most of the foreign inbound cases we handle here are with foreign applicants.

With years of experience and excellence in the field of #IP, Mr. Tan Yingqiang (Jacky Tan), partner of Jiaquan, was named as one of the "Top 100 China IP Experts" this year out of so many amazing peers.

On Sunday morning, when I was crouching on the sofa with a coffee and watching some TV shows, my friend (Kurt Saunders) sent me this captioned question via Whatsapp.

To better understand the topic of today's post, you might need to go through the background info below.

Want to have a look at the IP summary of China? See the attached file in this post. You will find what you need.

So, last week, I got an inquiry from a colleague in Romania (Thank you Cristina Adriana SIRBU VULTUR). She told me that one of her clients got a notification of partial refusal when extending the protection of its Madrid application to China. In order for the trademark to pass, her client agreed with the examiner’s opinion. She asked me what should we respond to this?
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Represented by Jiaquan IP Law, an administrative litigation dispute case on invalidation of patents in the field of biomedicine was selected as a typical case of intellectual property rights in 2021 by Guangdong IP Protection Association.