Companies often put too much faith in patents alone to protect their intellectual property (IP) when manufacturing and selling overseas. But a one-size-fits-all approach to IP protection rarely works. Though patents have benefits in some cases, they are frequently not the most effective or economical choice. A wiser strategy involves exploring multiple IP protections and
About a decade ago, I gave a speech on software outsourcing at a major software event. Last week, I found my outline for that speech and this post is based on that outline, revised and updated. It is largely based on my experiences and what I have learned from talking with clients and other businesses
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
1. The Changing Nature of Securing Trademarks in China Once upon a time, securing English-language trademarks in China was relatively straightforward. Our China trademark lawyers would determine the appropriate trademark category or categories under China’s trademark system, select the right class (or classes) and subclass (or subclasses), and secure approval from the China Trademark Office
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
July 12, 2023, Update I almost never update and re-run a blog post, but this will be the second time I have done so with this one, which shows how relevant, yet ever-changing the issue of China factory pricing is — especially since I updated it only about a month ago. Since I wrote this
It’s no secret that China is the world’s leading source of counterfeit goods. Barely a day goes by without an American or European company contacting one of our intellectual property lawyers to get counterfeit products removed from a Chinese e-commerce site. Even though it may seem there’s no way to protect your brand from counterfeiters
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 Domain Name Scams If your company has done anything in China (even just sending someone there to meet with a supplier), you have probably received a somewhat official-looking email offering to “help” you stop someone from taking your domain registry in China or maybe somewhere else in the world. Picture this: Your company finally
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
