Whenever clients ask about filing a trademark in China via the Madrid System, my answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better. The Chinese trademark system is complicated: at once idiosyncratic and highly regimented, and overseen by capricious examiners. But the one-size-fits-all Madrid application elides all of
I am sorely tempted to use the Varsity Blues college cheating scandal as a teaching moment on how we Americans need to look more deeply at the rising inequality and unfairness in our country, instead of falling back on comfortable tropes like how we are the land of opportunity. Since this is probably not the
An article titled, Kickstarter Prototype to Production: $100K is not Enough, is getting a lot of play on Linkedin among the China manufacturing crowd, with those I know who know China manufacturing agreeing with it. The article provides compelling reasons why getting an electronics product manufactured in China will nearly always require more than $100,000.
Creating a clear manufacturing agreement can alleviate the various legal issues inherent in manufacturing overseas. here are three reasons why it makes sense to have a contract with your manufacturer and only one of those reasons is enforceability in court.
The purpose of a trademark, from both a legal and branding perspective, is to identify the source of goods. It follows, therefore, that the best trademarks are both memorable and distinctive. You want people to associate your brand with your company, not confuse your brand with other brands. You also want to make sure your
We explain why it can be so difficult to leave China and the various precautions you need to take if you are looking to get out.
In the midst of our international lawyers handling a massive influx of foreign companies that manufacture in China looking to get out of China (See How to Leave China and Survive), we are also handling a much smaller (but increasing) influx of companies looking to sell their products online to China. We even have clients
Not surprisingly, our China lawyers are seeing a massive increase in foreign companies seeking to reduce or eliminate their China ties. Many are seeking to terminate their relationship with their Chinese suppliers and move production elsewhere (so far, it’s been mostly to Vietnam, Taiwan, Poland, Thailand, Mexico, Brazil, India and Malaysia). The other day I
Everything China comes in waves and China trademark “theft” is no different. When we first started this blog back in 2006, we would get a call just about every week from someone wanting to sue a Chinese company blocking the company’s product from leaving China. We hated those calls because most of the time our
The Chinese Trademark Office is now part of the State Intellectual Property Office (SIPO), which had previously only handled patents. SIPO is also taking over responsibility for geographical indications (e.g., Basmati rice, Parmagiano Reggiano cheese, Cognac brandy), but copyrights will remain under the purview of the Copyright Protection Centre of China. Which may seem odd
