If a company has a registered China trademark, can another company, which does not do business or have any product with the same name, register a domain name with that name?
A China trademark is registered to cover specific products and or services. Some marks are very famous and as such their protection extends beyond the wares or services as registered.
On the other hand, not all marks are famous. The degree to which a mark is well known is always subject to interpretation. Therefore, in answer to your specific question, yes you can register a domain name for one set of products that is not in direct competition with a registered mark for other products..
Unfortunately there is a catch. If the owner of the mark can prove his mark is famous you might lose your domain name on the grounds you knowingly used a famous China trademark.
Can two words that sound the same, but are spelt different, infringe on each other?
China trademark, by definition, are registered to denote that products bearing the mark come from a single source within a specific industry. Infringement can occur where there is actual confusion as to the source of the goods or, as is more often the case, where there is a likelihood that confusion will occur. Likelihood of confusion means that there is a good chance someone will not know the source of the goods or think of the source is someone other than the owner of the mark. If the marks are the phonetic equivalent of each other and in the same industry, then there is a strong likelihood that confusion will occur.
I have registered a domain name with a famous trademark. The company that I want to sell the domain to has registered that name as a trademark and they are claiming trademark infringement. Now they are threatening to sue me. Do I have any rights to use the name?
The deciding factor is how famous the China trademark is. If it was say Xerox, a famous trademark, and they are the only ones with this term recorded as a trademark on the registry then you have a problem. If the mark is more common then you do not necessarily have a problem but you will need to defend your rights. We strongly suggest you have a basic trademark search conducted so you can better assess your rights.
We advise you to visit the China Trademark Office website and order a search of the owner of the mark, to see how many and which trademarks they own, as well as a full search of the registry page of the trademarks they have cited. In addition you will need to visit the China Trademark Office website to determine if others have used same and if so how many. We will then review these search results and render an opinion and suggestions.
What names are good candidates for registration?
When considering trademark candidate