Avoid Costly Mistakes While Filling Trademark in China

Effective protection and enforcement of intellectual property rights are critical for successfully carrying out your business in China.  According to the trusted China patent lawyers, any patent-related disputes can be taken to the Shanghai Intellectual Property Court, Beijing Intellectual Property Court, Guangzhou Intellectual Property Court, or on the other 20 intellectual property tribunals.

Writing a patent application as a technical document without considering legal aspects like China patent lawyers may be a mistake that can make your application not properly covering the scope of the protection. None can predict exactly how difficult it will be to get your application allowed after filing and each round of argument is expensive.

 

Essential information for registering IP, trademark, copyright, and/or patent with China customs

  • A copy of your business license or certificate of incorporation (or other legal document confirming the existence of your company). These documents must be in Chinese or translated into Chinese.
  • A copy of the Chinese registration certificate for your trademark, patent or copyright.
  • A Power of Attorney.
  • Pictures of the goods for which you are seeking protection and their packaging.

 

Are there any benefits from a pre-filing use of the trademark?

The benefits from a pre-filing use are minimal since rights are obtained via registration. However, the applicant can use this to demonstrate the mark’s distinctiveness and overcome opposition on the ground of non-distinctiveness. A valid trademark can be bought, sold, licensed, and used as a security interest for acquiring a business loan. A registered trademark is essential if a company wants to raise funding, expand, merge, or sell.

 

Register trademarks in Chinese

As China requires Chinese names on products, not registering the Chinese character name of your product that is mentioned on your product, leaves one vulnerable to bad faith registrations of trademarks in China. As China is a first to file country, the person or company that registers your trademark first for China will ultimately get the protection. As a result, you can be banned from using that Chinese name. Unlike the US system, to register a trademark in China, you do not need to be using the mark in commerce or have any intent to use the mark.

Patent attorneys of Chinese law firms can greatly increase the corporate value of your company or brand. That’s why conducting thorough due diligence before appointing the right China patent lawyer is an important decision in terms of your business. You need to know more than where a patent lawyer went to school and what they studied.

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