Chinese trademark law provides foreign companies in particular with two essential legal remedies to take action against an unlawful trademark application in China. Registered trademarks shall be so distinctive as to be distinguishable and shall not conflict with any prior right acquired by another person.
China Lawyers can Better Represent you in the Chinese Court
Foreign investors can benefit from professional services and assistance before starting a business in China and after the beginning of their economic activity. In addition to profound legal knowledge and practical experience, the dedication of Chinese lawyers can prove to be a gamechanger for your business. You and your company will be better represented in the Chinese court in the event of a trademark dispute.
You should also consider the experience of the China attorney who you are hiring. Here are a few questions that can help you determine whether or not the law firm would provide you with the best attorney to suit your needs:
- What are the areas of expertise?
- How long has the firm been serving clients and who are the clients?
- What percentage of their law practice does business law constitute?
- Do they have Chinese speaking lawyers in their firm?
China Labor Contract Law–
In 2007, China has revised its Labor Contract Law and included clauses that addressed issues on employment contracts and redundancy. Being knowledgeable with the updated laws will help you save more money and be a better employer to your employees. Also, you need to be aware of Chinese Labor Law so you have an idea of the mandatory benefits and employee welfare and include it when you are coming up with a budget for your company set-up in China.
Trademark has a value not only to the owner due to its distinctiveness but also to customers who associate this trademark with a specific product or service. Moreover, if a foreign company wants to enter into a licensing agreement with a Chinese distributor, the foreign firm must register a trademark in China first. Most of the renowned Chinese distributors will only form a business relationship with overseas enterprises whose trademark is registered in China.