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Chinese Trademark
Legal Basis
Registration/Duration/Renewal
Filing Requirement
Recordation of Change of Name/Address/Assignment/License
Trademark Opposition
Well-Known Trademarks
Flow Chart of Registration
Application for Trademark Registration
Investing in China
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Representative Office (RO)
Set up Macao Company
How to set up a macau company
Services available in set up macau company
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Cost of Operate a macau company
Assistance with application of trade name
Service platform for Macao and Overseas Chinese
Prepay company registration fees and expenses
Macao Trademark Registration
Guidance on Macao TM Registration
Types of trademarks
Trademark registration procedures
Trademark FAQs
Macao trademark enquiry
Trademark/Copyright Infringement
Handling opposition proceedings
Scope of Services:

Chinese Trademark
Well-Known Trademarks

The Trademark Office is responsible for recognition and administration of well-known trademarks. When there is a dispute over the registrability or infringement of a mark, the court may recognize a mark as a well-known trademark on the case-by-case basis.

The following factors shall be considered in recognizing a well-known trademark:

-          -         reputation of the trademark in the relevant sector of the public;

-          -         duration of use of the trademark;

-          -         duration, degree, and geographical scope of any publicity for the trademark;

-          -         history of protection of the trademark as a well-known trademark; and

-          -         other factors contributing to the reputation of the trademark.


A trademark shall not be registered where the trademark constitutes a reproduction, an imitation, or a translation of a well-known trademark of another person not registered in China and is likely to create confusion, if the trademark is the subject of an application for registration in respect of goods which are identical with or similar to the goods to which the well-known trademark applies. The use of such trademark is also prohibited.

A trademark shall not be registered where the trademark constitutes a reproduction, an imitation, or a translation of a well-known trademark of another person already registered in China and is likely to mislead the public and damage the interests of the owner of the registered well-known trademark, if the trademark is the subject of an application for registration in respect of goods which are not identical with or similar to the goods to which the well-known trademark applies. The use of such trademark is also prohibited.

 

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