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[Case Studies] Trademark preemptive registration or “rush register”

Published on 12/16 2013  Source: 中国知识产权网


Trademark preemptive registration is not rare in the world, and China is not exceptional. Generally it occurs when you are going to file your trademark in China but only to find your trademark has been filed already, or, when your goods are made or assembled in China, your trademark became known by your OEM factories and they applied your trademark. For instance, your moto covers bearing the trademark of CTPLO, and your products are sold in your own country instead of China after it’s made by A INC. (a Chinese OEM factory). A INC. collects the information that you have never registered “CTPLO” in Class 22(MOTO COVERS). So it filed “CTPLO” with the CTMO and got the trademark registration certificate. A INC. enjoys the exclusive right to produce and sale products bearing “CTPLO” trademark in China, not you any more.


SOURCE: CTPLO