Are Brands at Risk Using Refused Marks in China?

December 23, 2024

The risk is real, but thankfully, it doesn’t happen often. However, when it does, the consequences can be significant. Take the case of Singapore’s TWG Tea: two of their trademarks were invalidated in 2018 under Art. 10.1.7. Despite the invalidation, the brand continued using the marks in their Chongqing store. In July 2023, local authorities issued a penalty decision, resulting in a fine of 800K RMB (~$111K USD).

While this outcome is rare, it serves as a stark reminder that compliance matters. Brands must navigate the complexities of Art. 10 carefully to avoid costly penalties.

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