Matters for Attention in the Trademark Opposition

Recently, the Qiaodan Company (Qiaodan is the pronunciation of Michael Jordan’s name), a Chinese domestic sporting goods manufacturer, confronted trademark troubles on IPO in China, because Nike has opposed to 8 trademarks of Qiaodan, claiming that it might lead to the confusion with Nike’s “Air Jordan”. Nevertheless, such opposition was refused by China Trademark Office, and Nike filed no administration lawsuit afterwards.

The opposition filed by Nike to Qiaodan is based on the provision of the China trademark law:

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Could the Unregistered Trademark be Legally Protected in China?

We  have been consulted for many similar cases this year, and most involving the operational difficulties or brand dilemmas that  foreign companies face due to trademark squatting. These unregistered trademarks could also be legally protected in certain situations, though normally the trademarks shall be first administratively approved for legal registration. Today, Bridge IP Law Commentary will introduce to you the matters related to unregistered trademarks.

I. The reputed unregistered trademark

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