China IP & Trademark Law Firms Can Get You Covered in the Best Possible Way

Registration of Trademark in China

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.

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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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