To save your product idea and brand image, money spent on filing trademark registration is a wise decision. Although the process of trademark registration in China is a bit time-taking, the protection and security it offers to your company are simply unparalleled. Even before your trademark is approved, the pending process could also deter counterfeiters to imitate your valued brand. Registering your trademark protects it from anyone that attempts to profit from your marketing and product development. Obtaining a registered trademark for your brand’s IP will allow you to use the registered trademark symbol “®” in the name, logo, designs, slogans, and any words associated with your brand.
Monitor New Trademark Applications
It’s your responsibility to monitor trademark registrations that might conflict with your registered mark. It is a good idea to monitor closely if someone else is trying to bring the same product that might conflict with your one.
Here is a list of foreign companies won trademark cases in China:
Alfred Dunhill– This year, British luxury label Alfred Dunhill—which specializes in menswear, leather goods, and accessories—won its trademark infringement lawsuit against Chinese brand Danhuoli.
New Balance– Boston, MA-based athletic shoe and apparel company New Balance had won a victory in a trademark infringement case in China against three defendants that had used the firm’s signature N logo to sell footwear under the brand name New Boom. A Chinese court has ruled that three domestic shoemakers must pay New Balance $1.5 million in damages. It the is largest trademark infringement award ever granted to a foreign business in China.
Michael Jordan– In 2016, China’s supreme court has ruled in favor of US basketball legend Michael Jordan in a trademark dispute.The People’s Supreme Court ruled a Chinese sportswear company must stop using the characters for Jordan’s name, read as Qiaodan in Chinese. In a ruling by the Chinese supreme court, Qiaodan Sports Co, based in south-eastern Fujian province, must stop using the Chinese characters for Qiaodan on its merchandise.
Can trademarks without the purpose of use be terminated?
Trademark squatting is a major issue in China. One of the greatest challenges that many foreign companies face when entering the Chinese market, is that their brand has already been registered as a trademark by a Chinese company. In order to tackle this problem, Chinese authorities have taken a few effective steps and made changes in the trademark law. The “purpose of use” added in Article 4 of the revised Trademark Law is the basic stone for all legal norms to curb the application for registration of malicious trademarks. According to the revised Trademark Law, applicants should be required to submit evidence of “actual use” or “honest use intention” at the time of registration of the trademark application.