Does China Use First-to-use Trademark Regime?
No. Instead, China adopts a first-to-file trademark system.
No. Instead, China adopts a first-to-file trademark system.
A Chinese enterprise may go bankrupt if both of the following conditions are met: first, it fails to pay its debts as they fall due; and second, its assets are inadequate to pay off all debts or it is clearly insolvent.
If there is a default on the bonds whose debtors or guarantors are based in mainland China, you can initiate an action before a court outside China and enforce the judgment in China.
It is intended to prevent the company’s shareholders from escaping liabilities by hiding under the corporate veil of limited liability.
Yes. Foreigners or foreign enterprises can apply for trademark registration in China.
The party presenting evidence shall pay the translation fee first, and then the losing party shall bear it.
The ‘foreign official documents’ here refer to official documents formed outside the territory of China.
The answer is YES, as long as the international sales of goods contracts are concluded between parties whose places of business are in different Contracting States of the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). In such cases, the Chinese courts shall apply the Convention automatically.
The minimum cost is USD 50 for trademark registration fees plus hundreds of dollars for agency fees.
Most civil and commercial foreign judgments can be enforced in China, except for those relating to intellectual property, unfair competition and anti-monopoly disputes.
Because it can help you accurately identify your debtor.
If your product will enter the Chinese market sooner or later, you’d better register your trademark in China.
You can check or verify the basic information of Chinese companies on this official platform via the link (http://www.gsxt.gov.cn/index.html). The information here is the most authoritative and timely.
You need to understand the threshold and criterion for the enforcement of foreign judgments in China. If your judgment can pass the threshold and meet the criterion, you may consider enforcing your judgments in China to collect your debts.
Yes. If you and another applicant both apply to register an identical or similar trademark, whoever files the application first shall own the trademark.
Normally, it takes 10-12 months to register a trademark in China.
You’d better preserve the debtor’s property through the court to prevent the debtor from evading debt by transferring assets.
Given the large scale of China’s trade, even the chance of getting bad debts is small, the impact on international creditors and amount of liabilities arising therefrom should not be underestimated.