How China Trademark Attorneys can help you

China has its own laws and rules relating to trademarks, different from those of the United States and the other European countries. Appointing a China trademark attorney could be your best bet to navigate the complex field of registering trademark in China. Having a strong brand provides a way for your customers to identify your business, and to refer your products or services to others. A brand is a form of intellectual property that could be protected as a trademark. Like any valuable asset, a brand should be protected. Failure to protect your brand may reduce its value, and could damage your business’ reputation. Utilizing the legal channels for protecting your brand can greatly help you to stop and track brand theft that is quite common in China.

A trademark or service mark is generally a word, phrase, symbol, design or a combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. A trademark may be located on a package, a label, a voucher or on the product itself. Trademarks are also used on company letterheads, business cards and the like to promote a business. The trademark owner can be an individual, business organization or any legal entity.

Seek Assistance from the Trademark Attorneys in China-

Only the professional lawyers who possess excellent knowledge regarding the trademark registration process and the several trademark registration loopholes could offer you valuable service.

  • An experienced China trademark attorney can guide you through the formalities of the application process. He/she can skillfully draft your application to help avoid objections by the Chinese trademark registration office.
  • In China, sometimes even trademarks that are not registered, but are similar to yours and used for goods and services related to yours, could ultimately bar you from using and/or registering your trademark. China trademark legal experts can help you avoid costly registration problems by conducting a comprehensive trademark search before filing your application.
  • The filing of a trademark application begins a legal proceeding having many legal requirements and strict time deadlines. All substantive and procedural requirements of the Trademark Act and Trademark Rules of Procedure must be met. Only a reliable China trademark lawyer can help you out in meeting all the requirements.

According to Eleanor Coates, Glasgow-based Senior Trademark Attorney “Trademarks are more than a pretty symbol or a clever series of arty lines designed to catch the eye – and stick in the minds – of consumers. In today’s world, trade marks are extremely important to businesses as they are intertwined with the quality, likeability, must have appeal and goodwill towards a product or brand.” The potential risk of not registering your brand can be disastrous, causing you to lose thousands of dollars and maybe even the rights to your brand. Take actionable steps for registering your trademark in China before it gets too late.

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Protect your Brand Image through Trademark Registration in China

If you are a business owner, involving in a China sourcing for many years, you may be well-aware of the importance of registering your brand’s trademark in China. Although China’s economic and manufacturing development are astonishing, still the country is a vulnerable place especially for the new entrants. It is a tricky ground where chances are high that you may lose hard-earned name and identity of your brand.

Why you should seriously think of registering trademark in China-

According to the experienced importers of the Chinese goods, coming to China with an accurate sourcing strategy is one of the best ways to get the most out of your investment. Registering trademark would be first on your agenda. Trademark registration in China is the best possible way to protect brand name, fame, and identity. If you own a small business, which you operate in one state and don’t plan on expanding into new markets, you don’t need to register the trademark your name. You already have the right to use it in your market. On the other hand, if you plan to expand your business and reach out to new markets, it would be wise to register the trademark, so that no confusion arises if another company is using the same or a similar name as yours. Trademark registration gives you the power to sue anyone using it without your permission or consent.

China’s unique policy of trademark registration-

The entire trademark registration process in China is totally different. China is a first-to-file country, which simply means that the person who registers the trademark first, will get all the rights to distribute and sell the products. It is necessary to file one application per class of goods or services, and to submit a precise list of the goods or services for which the protection is required

Protect your trademark, protect your brand image-

Logos, names, taglines and packaging, from a branding perspective, are the assets that need be protected at any cost. Brand abuse of this nature can land business owners in scandals and messy legal disputes, with consumers leveling allegations against the legitimate brand-owners for defective products, faulty services, etc. Registering a trademark establishes common law rights for your company. These rights include the exclusive right to use the trademark (with its corresponding goods and services) nationwide and a legal presumption that you are the owner of the name, slogan or image. However, these rights can be revoked if someone else is able to prove that their usage predates yours. This is why it’s so important to research your trademark extensively before applying.

It is highly important for the US and the European business owners to remain alert about many pitfalls they might face while registering their trademark in China. There are some scenarios where registering through a China lawyer or at least seeking legal advice beforehand makes sense. If your desired mark is similar to another registered mark, or similar enough to confuse people, there’s a decent chance your registration will be contested.

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