China IP lawyers

Securing Essential Intellectual Property Rights in China: A Comprehensive Guide

CHINA TRADEMARKS Securing Trademarks in China China's massive consumer market represents a tremendous opportunity for companies to build their brands. However, substantial risks of trademark squatting, counterfeits and other infringements make registering and protecting your trademarks in China absolutely essential. This in-depth guide provides practical insights on the benefits, process, tips and potential pitfalls of

China trademark registration

Is Registering Your Trademark in China Always Necessary?

I spoke with a new client yesterday regarding the importance of his company obtaining trademarks in China. At the end of the conversation, the client was so "psyched" about getting the trademarks, he asked if there are ever times a company does not need to register its brand name as a trademark in China. Though

China and Madrid trademarks

Color Claims for Trademarks: Avoid

Color claims for trademarks should in general be avoided. To be clear, there are situations when claiming color on a trademark registration application makes sense, but these situations are not common. What's more, color claims might create issues in the future, if you stop using your trademark exactly as registered. Claiming a color or colors

China Trademark Law

China's Well-Known Trademarks: A Primer

Well-known trademarks enjoy protection under Chinese law. This protection is the closest China comes to protecting unregistered trademarks. However, the circumstances under which such protection is afforded are limited, given that the standard for a trademark being considered well-known is exceedingly high. To illustrate just how stringent the standard can be, consider a situation I

China Trademark Protection

Bad Faith TM Applicants, Bad News

The China National Intellectual Property Administration (CNIPA) has published a draft revision of the country's Trademark Law and called for comments from the public. In our first post on the potential implications of the revised law for international brands, we looked at proposed changes to the definition of what constitutes a trademark and the absolute

china law blog

China Trademark Registration Q&A

As regular followers of this blog well know, we quite often stress the importance of registering trademarks in China, and the need to do so promptly. See for example China Trademarks: More Useful and More Necessary Than Ever. Today, I want to address some of the questions our China trademark attorneys fairly regularly get about

China trademark lawyer

Green Trademarks in China are Getting Red Lights

Green trademarks are running into red lights in China. Just about every application to register a mark that includes the word "green" is being rejected. Rumor has it that concerns over greenwashing are to blame, though given the opaque nature of the application process this cannot be confirmed. Greenwashing is the "practice of making unwarranted

Crypto regulation

Crypto Trademarks and China

Crypto trademarks are a no-go in China. In line with the country's prohibitions on cryptocurrencies, the China National Intellectual Property Administration (CNIPA) will not register trademarks that describe crypto goods and/or services. Brands in the crypto space must be mindful of this reality when crafting brand and intellectual property rights protection strategies for China. China

International Manufacturing Lawyers

How to Avoid Getting Scammed When Buying Product Overseas (Including from Alibaba)

It is a helluva lot easier and cheaper to avoid losing money than to recover money that has already been lost. Whether you use Alibaba or not, there are certain "rules" you should follow when sourcing products from China and those rules include (1) conducting due diligence on your potential supplier, (2) protecting your IP, and (3) having a good contract with your supplier. And yes, all of this applies no matter what the color star your supplier has on Alibaba.

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