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Trademark Examination and Practice in China
With the improvement of the trademark legal system in China, applications for trademark registration have dramatically increased. However, examination system does not match with this increase when compared with that of Japan. Firstly in Japan, trademark applications are published but there is no system in China. In Japan, Trademarks can be filed either electrically or by document. If it is filed by document, the trademark is immediately transferred into electrical information. In China, however, trademarks cannot be filed electrically. Only document applications are acceptable. Secondly, the Japanese procedure is fairer in giving the applicants opportunities to argue about the reasons for refusal of trademark by designating an adequate time limit which is a common practice in many other countries of the European Union and USA. However, although similar system exists in Chinese trademark, but it relates to partly refusal of trademarks i.e. a trademark is refused in respect of only part of the goods or services when it applies for registration. The other big difference is the opposition system. Patent Office in Japan adopted post-grant trademark opposition system to accelerate the registration of trademarks, whereas in China, the system sticks to a pre-grant opposition.
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