The Importance of Registering your Trademark with China Customs

The best way to keep your trademark secure in China is to register it with China customs. If you are willing to book utmost security to your trademark, you have to you need to register your China trademark again with the Chinese Customs. It is an essential and unavoidable procedure for the foreign companies that export items from China at risk of counterfeiting.

Benefits of registering your trademark with China customs

Simple and affordable- There is a misconception among the foreign businesses that, registering with the China customs is a complex and money-wasting affair. You would be surprised to know that registering your trademark with with China customs is neither complex nor costly. The only thing you need to do is to have a PRC agent registered with China customs by your side while applying for your trademark registration.

Gives you greater confidence– The risk involving doing business in China can be minimized by taking adequate measures in advance. Renowned China lawyers are of the opinion that it is always good to be safe than sorry while exporting from China. Be mindful about the technical glitches and you can get all the benefits Chinese market offers to the exporters. Registering your trademark with the China customs gives you extra measure of confidence against any type of counterfeiting of your product.

Long-term protection– The businesses that are focusing to make a huge investment in China export must seek the protection of their trademark from the China customs. It offers them a long-term protection of their Intellectual Property Rights in the Chinese exporting market.

What documents to submit?

  • An e-copy of the identification certificate of the right holder and agent where necessary, (including a Chinese translation);
  • An e-copy of the IP certificate (TM certificate, patent certificate, copyright registration or other document justifying copyright);
  • Information regarding related licenses, photos of the goods and their packaging;
  • An e-copy of power of attorney in the name of the agent responsible for the registration process, if one is used.

In case, a foreign company’s intellectual property rights (IPR) is infringed, the company can seek help from the China Customs for Customs enforcement of IPRs and resorting to legal remedy by law court or IPR authorities. In many cases it is noticed that the product that is exported to China by an overseas company is being counterfeited at a rapid speed.

According to many China lawyers the biggest mistake foreign companies do is not registering their products with the China Customs. Two things are responsible for this, either the company doesn’t have the knowledge how to secure their trademark or they are absolutely ignorant about such a thing.

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Loopholes Regarding Trademark Registration in China for Internet Use

Using the Internet in China is quite a mystery. Chinese lawyers are always busy protecting the Internet of their clients especially the gaming companies. The companies have various queries and the lawyers have to be careful in handling them. China’s Internet is complicated and vastly different from that of the West. Hence, knowing about it gives a fair idea regarding Internet related matters and makes things easy for the foreign companies or clients.

Registering Trademark in China

If you are thinking about how to register trademark in China, then we will give the answer here. Sometimes, people confuse registering trademark in China with that of Vietnam and United States. However, the story is completely different in this context. In the beginning you have to find out about the category or class under which you will register the trademark. Figuring out the appropriate class is extremely important otherwise it can be confusing for the user. A typical Chinese thing about registering trademark is that the website owner will not receive any protection in case, someone us using the trademark on T-shirt or book. One thing you have to remember is that the entire process must be carried out in Chinese. On top of that, there is the issue on copyright that may or may not protect what you are doing in China.

Does Gaming Require Something Special in China?

The Internet rules regarding gaming in China are numerous and that is impossible to fathom. The shortest and most precise answer is that any kind of foreign content published online in China is illegal. Some people make a fortune from this practice while others go behind bars due to this. This could be treated as a loophole in Chinese law. There are people who are taking random advantage of this practice while there are others who are landing in soup. There is no parity in the system which is causing harm to the entire Internet system and the users. Companies have faced issues regarding comprehending the Internet rules and regulations which has led them to mistrust and distrust and sometimes even confusion.

Also, setting up the trademark and using the Internet in China is quite expensive. This is another turn off side of using Internet in China for the foreign companies. Most of the people who choose to get it done at a cheap price actually go through another issue of losing everything to fraudsters and thieves. This can be very dangerous and harmful for the foreign companies. Once, your trademark is stolen, it is very difficult to retrieve it. Retrieving it can also be another expensive process.

Thus, registering trademark in China demands careful research on the matter and hiring an experienced China lawyer. In the absence of these two you might just end up in a soup.

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