It is not uncommon for companies to receive unsolicited messages from China offering to purchase a domain name or trademark. These are often misleading sales tactics.
However, some of these messages may contain important information related to the refusal or cancellation of your trademark registration in China. It is crucial to understand when action is required, since such notifications could have direct consequences for your trademark strategy and protection in the Chinese market.
Even though we advise against responding to the unsolicited messages, it is important to verify whether the information is relevant to your trademark registration in China and if any action is required.
Chinese entities often have quicker access to up-to-date trademark data than you, as a trademark holder, will have through WIPO (World Intellectual Property Organization). The messages of the Chinese entities provide you the opportunity to respond promptly. Deadlines for responding to such official notices from Chinese Trademark Office are often short (usually only two weeks) and start from the moment of receipt via WIPO.
Most common messages from China concerning your trademark
1. “Provisional refusal of international trademark”
These messages concern a provisional refusal of your trademark registration in China. The Chinese Trademark Office examines and assesses international trademark applications and is authorized to refuse registration if the trademark description is unclear or if conflicting older trademarks with prior rights are found in the registry.
When the Chinese Trademark Office issues a provisional refusal, this notification is sent to WIPO. WIPO then forwards it to you as the trademark holder, usually with a tight response deadline of two weeks. Failure to respond within this period may lead to a final refusal of your trademark registration in China. If no response is submitted, the Chinese Trademark Application will be refused.
2. “Cancellation of international registration”
These messages refer to a third-party requesting to cancel your trademark in China, often based on non-use. The Chinese Trademark Office may refuse a new trademark application if conflicting older trademarks with prior rights are found in the registry.
In many cases, it is not possible to resolve this refusal by submitting arguments. If the older trademark is no longer actively used, it might be possible to apply for the cancellation of the trademark based on non-use (if the trademark has been registered for more than three years without use).
If your trademark is actively used, you can submit declaration of use. This evidence must meet strict requirements, so it is advisable to consult a specialist in Chinese trademark registrations, as the procedure is conducted in Chinese.
If you fail to respond in time to a cancellation request, this might result in the partial or complete loss of your trademark registration in China.
Do you have any questions or want an estimate of the chances and costs?
We frequently handle these types of notices and can usually resolve refusals by submitting a well-prepared response within the specified time frame. Additionally, we have years of experience in China and collaborate with a reliable, specialized partner. Please feel free to contact us.
