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  Question title : unregistered trademark 
  Question:

Can an unregistered trademark be enforced in China? How about a license agreement for unregistered trademarks? Would a license agreement for the unregistered trademarks be enforceable?

   
Asked by beikensalad  7/13/2010 2:04:20 AM
 
 
 

Unless recognized as "well-known", unregistered trademarks are not protected by PRC trademark laws and therefore the owner will not be able to seek enforcement through trademark laws if there is any infringment on the market.

 

A license agreement for unregistered Trademarks will not be enforced under PRC trademark laws. However, it may still be enforced under contract laws, assuming a valid contractual relationship is established.

 
Replied by 15minutes4u  8/3/2010 4:24:37 AM
 
 
 
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