082016-05

Chinese Trademark Filing Strategy

∷ 2016-05-08 20:56 ∷ Read:


Chinese Trademark Filing Strategy
 
There is no need to emphasis the importance of trademark, for example the battle for iPhone in China by Apple Inc., the battle for the ownership of 乔丹 in China by Michael Jordan. The conflicting for the ownership of trademark is happening not just in China, but all over the world. Imitation is commonplace in China, and in order to stop counterfeit or ‘lookalike’ goods from being sold or exported, alongside your own bona fide articles, it is necessary to register your trademarks in China to avoid the denigration of your brand. As an applicant, what is the best strategy to protection your own trademark in China?
 
In order to protect trademark in China, the following should be taken:
Firstly: protect the version of your trademark (brand) as you intend to use to identify your name and your product, the word mark and the logo.
Secondly: register the word in Chinese characters.
Thirdly: register the Mandarin word that closely resembles your Mark.
Fourthly: register as broader goods and services as possible, if the budget is allowed, it is advisable to register all the goods in China.
 
If you take the above actions to apply your trademark, you will give yourself the best possible chance of protecting your rights in China.
 
Remember that, China’s ‘first to file’ approach to securing a trademark registration has always overwhelmed prior user rights. As such, it is possible for a thriving business to see their rights appropriated, and their expansion plans curtailed, if they allow a third party to register a trademark in China before they do so. Therefore, when conducting business in China, or exporting from China, it would be very wise to obtain a trademark registration as early as possible.
 
For businesses of all sizes thinking ahead is the key to success. If you feel that China will be a vital marketplace for your products or you plan to have goods made in China, then ideally at least apply to protect your key trademarks in China before you begin using them, or authorize others to do so.
 
If you fail to secure your exclusive trademark rights in China, then the prospect of marketing a brand or setting up manufacture in China may never come to fruition, if you cannot enforce your trademark rights.

Tags: China, Trademark, Brand, Trade Mark, Chinese Trademark, TM, Trademark Application, Trademark Registration, Trademark Filing, Trademark Protection, Trademark Litigation, Trademark Review, Trademark Cancellation, Trademark Opposition, Trademark Invalidation, Intellectual Property, IP, Intellectual Property Rights, IPR