China Trademark Law gets off to rocky start

As the Chinese Trademark Office rushes to meet new deadlines for trademark applications, inexperienced staff have turned down applications with 'no basis in either logic or law', according to law firm Harris Moure.

As the Chinese Trademark Office rushes to meet new deadlines for trademark applications, inexperienced staff have turned down applications with 'no basis in either logic or law' corund

In working to meet the new nine-month deadline that started on May 1, staff are making ‘rapid-fire decisions’ which ‘make as much sense as an elevator in an outhouse’, says lawyer Matthew Dresden. He says: ‘ My favorite, although I hesitate to use that word, was the decision that rejected a Spanish-language trademark that contained the article “Las” because a previously registered trademark also contained the article “Las.” This would be like rejecting “The Hobbit” because “Back to the Future” had been previously registered and both trademarks included the word “The”.’ 

Crazy and absurd

He concludes: ‘Like many things in China, Chinese trademark practice can be irrational, crazy, and absurd, but what can we do? We need the eggs.’ Source: China Law Blog

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