Our China trademark lawyers are often asked about the difference between the Nice Classification system for trademarks and China’s trademark subclass system. They are related, but quite different. The Nice Classification system is an international classification of goods and services that separates all possible goods and services into 45 classes: 34 classes for goods and
China does a lousy job policing bad-faith trademark registrations and that makes trademark squatting a profitable and low-risk activity in China. Those unfamiliar with Chinese trademark practice might think the problem is China’s trademark law. Not so. China’s Trademark Law has a number of provisions that could easily be invoked to combat trademark squatting, including
Forming a WFOE in China and then operating that business in China is difficult and expensive. See e.g., Forming a China WFOE: Ten Things To Consider and See also Doing Business in China Without a WFOE: Will the Defendant Please Rise on why having a WFOE is a must if you will be doing business
I did an interview the other day with GlobalAutoIndustry.com, on China IP Challenges for Automotive Suppliers, dealing mostly with automotive high-tech, which in most respects is no different from high tech generally. The below is a transcript of that interview. For anyone who has been living in a cave, the auto industry has changed, is
Your brand name and your product name and your logo are likely some of your company’s most valuable assets. Most companies realize this. Yet most companies do not realize how they put these things at risk by exploring doing business with China without FIRST applying for a China trademark. And in the past year or
When working on complex contract manufacturing agreements, most of our clients tell us their main goal is to protect their intellectual property. This is particularly true for designers of start-up products where much of of their IP consists of trade secrets and know-how that require a formal agreement with the manufacturer. However, as we work
Pre-application trademark searches and post-application notices from the China Trademark Office (CTMO) are increasingly revealing conflicts with existing trademark registrations and pending trademark applications. Given the vast number of trademarks being filed in China, this comes as no surprise. But a cited conflict, whether in a search or from the CTMO examiner, isn’t necessarily the
The title to this post is a gross oversimplification meant to prove a point or, more accurately, disprove a myth. I cannot tell you how many times I’ve had companies swoon over the idea of spending big money to secure a patent and pooh-pooh my suggestion to spend small money to secure a trademark. These
I wrote last year about the massive number of trademark applications filed in China in 2016 – 3.6 million, far more than any other country in the world, and increasing at a tremendous rate. The statistics from 2017 are now available and they are staggering, both in gross numerical terms and in the year-on-year increase.
Smart Chinese manufacturers know that with their costs rising, they need to be able to distinguish themselves from their peers. One of the ways they are choosing to do this (even more frequently than in the past) is by copying and selling products they are making for their foreign customers. See Your China Factory as
