chapter  6
12 Pages

Market survey recently recognised as a persuasive tool to solve trademark disputes in China

WithHaijun Jin

This chapter focuses on the decision concerning the trademark of the Chinese characters of the transliteration of Jordan, and especially the facts and legal issues surrounding market survey. China’s Trademark Law provides for the “prior right doctrine” as one of the grounds to refuse to grant trademark registration. In some jurisdictions, such as the United States and European Union, market surveys have been recognised as useful tools to deal with trademark disputes. Market surveys have been used to measure the major issues in trademark law: likelihood of confusion, generic terms, secondary meaning, deception, fame, and likelihood of dilution. The rights and interests stipulated under the laws shall be enjoyed by entities and protected against later trademark registration that might undermine those rights and interests. China’s Trademark Law provides that an application for trademark registration shall not infringe the prior right of another person.