China has had specialist IP tribunals in the Chinese courts to deal with patent (and other IP-related) cases. Since 2014, three specialized IP courts in Beijing, Shanghai, and Guangzhou hear all first instance IP matters in these regions. These courts include judges with IP training and background to facilitate the proceedings.
The Chinese government has pivoted to embrace the idea of protecting intellectual property and has tried hard to combat worldwide misconceptions about China’s patent system. These new findings indicate that patent protection in China is stronger than once believed.
Unlike the United States and other European countries, in China there is no prior-use or intent-to-use requirement needed before registering a trademark nor are common law rights recognized. China recognizes a “first to file” system, which generally means that the trademark right belongs to the first person who properly registers the mark in China. In other words, any party, whether or not it intends to use the mark in the stream of commerce, may register a trademark in China.
Word Mark Registration in China–
China permits the filing of a wide range of marks, including sounds, 3D marks and color combinations. But the vast majority of applications are either word marks, logos or a combination of both. In China, it is generally preferable to register all word marks separately from logos, as this will ensure a wider scope of protection for each element. There are many pitfalls you need to avoid when registering a word mark, it’s also important that you know about the process when registering one
Appoint a CTPLO for Protecting your Intellectual Property–
It is strongly recommended seeking the advice of the China Trademark and Patent Law Office (CTPLO). The CTPLO aims in offering a fast and highly-responsive service along with the value-driven bilingual legal services to the foreign businesses. The success rate of the self-filed trademark registration is very low as the registering process is quite complex in China. The attorneys of the trademark and patent law office in China can assist you correctly on the trademark filing method.
Always be in touch with the Chinese legal experts as it will pay high dividends. China is the country that has its unique legal system that can be hard for any foreign business owners to navigate. Accompanied with the expert China trademark lawyer could be your best bet to defend your brand. Legal advisers will not only help you fight for your trademark rights but also give you necessary suggestions regarding the course of action you should take.