The system oftrademark law inmainland China is administered by the China National Intellectual Property AdministrationCNIPA (with an appeal function administered by theTrademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce (SAIC).
China first established itsTrademark Law in 1982.[1]: 19
The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.
Only registered trade andservice marks are protected in the PRC: there is nocommon law protection for unregistered trademarks (except for "well-known" marks, as detailed below).
In 2000, China amended theTrademark Law to ensure compliance with its obligations with theTRIPS Agreement.[1]: 20
China uses a first-to-file trademark registration system.[2]: 230 Trademark registrants do not need to demonstrate their prior use of a trademark.[2]: 230 However, a person may not register a mark in bad faith or without intent to use, nor infringe on others’ prior use rights, as these are grounds for refusal.[3]
