Writing in World Trademark Review, Amanda Yang and Jasmine Lv discuss how rightsholders can prevent their trade marks from being deemed as "misleading" or having a "negative influence" in China.
"In recent years, trade mark applicants in China have encountered an increasing number of unexpected rejections, with reasons including the mark being deemed as "misleading" or having a "negative influence". The relevant articles in the legislation are abstract and difficult to understand by brand owners or IP practitioners; yet, using trademarks in violation of these articles carries a high risk of punishment by the local authorities. To better understand this landscape, Rouse has conducted research into the examination criteria applying to the relevant articles." Read more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.