No two China trademark strategies are the same, but one thing is pretty much a constant: You should register the company's original English name. Before we go on, a clarification: I use "English name" as shorthand, but these names are often in other languages, or simply be a random collection of Latin letters. Names in
The Problem with Online Trademark Services for China Once or twice a month, my law firm's international trademark lawyers are contacted by companies whose China trademark registrations were mishandled by online trademark services. In all instances, the registration problems stem from online services claiming they can register trademarks globally, including in China. These claims are
The Madrid Protocol can simplify a large international trademark portfolio, but China’s subclass system, five-year dependency rule, short refusal deadlines, and enforcement procedures create added risks. For companies that manufacture, sell, or enforce their trademarks in China, a direct CNIPA filing is usually the better choice.
China Distribution Contracts: Same-Same but Different Ever since COVID, our China lawyers have been seeing a big increase in foreign companies entering into distribution contracts with Chinese distributors, due mostly to the difficulties and risks foreign companies face when they go into China directly. Many of the companies that come to us to draft their
A China-based cybersquatter has registered a domain that copies your trademark or diverts your customers. Learn when to use the UDRP, China’s separate `.cn` dispute process, a demand letter, or litigation to recover the domain and stop the misuse.
As we have written a number of times, the essential first step in any China IP strategy is to register your trademarks with China's Trademark Office. Because China is a first-to-file country, until you register a trademark in China you have no rights in that trademark in China. But a trademark registration alone goes only
I wrote the below article many years ago with Gregory Buyoff, a good friend, a brilliant international IP lawyer, and the most knowledgeable person I've ever known on Vietnam history. Intellectual Property Magazine published this article, but it no longer shows up on its website so I am running it here (with a few updates),
As we have written many times over the years, if you are selling goods into China, sourcing goods from China, or just doing business in/with China, you should probably register trademarks in China for your brand names and logos. China is a first-to-file country and it does not require evidence of prior use. This means
A few weeks ago, a client asked our law firm to handle a relatively routine domestic matter for them. We told them we do not handle such matters and we gave them a short list of excellent attorneys that do. The client expressed surprise at our unwillingness to take on their matter and remarked on
China Lawyer Scams and Bad China Contracts: How Foreign Companies Get Burned Foreign companies doing business in China spend plenty of time worrying about dishonest suppliers, IP theft, unpaid invoices, disappearing manufacturers, and unreliable distributors. They spend much less time worrying about the person they hired to protect them from those problems. That can be
