Evidentiary Burden for Unregistered Foreign Brand Transliterations
Unregistered foreign transliterations require concrete domestic sales and media evidence to prove secondary meaning under Article 6 of the Anti-Unfair Competition Law.
Secondary Meaning Evidence
Meaning
Documentary evidence showing that a descriptive mark has acquired a specific association with a single source allows for the registration of otherwise unprotectable terms. For a trademark to be valid, secondary meaning evidence must demonstrate that the public no longer sees the mark as a mere description of the goods but as a brand identifier. This transition is verified through sales figures, advertising spend, market presence and the duration of use in the market.
It provides a path to legal protection for marks that lack inherent distinctiveness.
Acquired Distinctiveness
Common adjectives and geographic terms are generally barred from registration unless they have been used long enough to become famous. By presenting secondary meaning evidence, a company can prove that its name has become synonymous with its products in the minds of the people. This proof often includes testimonials from industry experts and reports from independent market research firms.
Historical Usage
High numbers in turnover and long-term presence in multiple provinces support the claim that a mark has transcended its literal meaning. The authorities look at secondary meaning evidence to see if the brand has been consistently marketed under the same name without substantial interruption. This includes examining tax records and shipping logs that confirm the scale of the commercial activity over several years.
A large volume of sales in a short period might not be as persuasive as a steady presence over a decade. The continuity of the brand message across different media platforms also factors into the administrative assessment of the mark.
District Reach
Distribution across several major cities and diverse market segments helps to establish that the reputation of the mark is not limited to a small area. When secondary meaning evidence shows a wide impact, the trademark office is more likely to grant exclusive rights for the entire country. The evidence must be specific to the Chinese territory to be effective in a local registration attempt.