Intellectual Property and United States Customs 1. Trademarks and U.S. Customs Trademarks are defined in U.S. law as a word, name, symbol, device, color, or combination thereof used to identify and distinguish goods from those manufactured or sold by others and to indicate the origin and source of goods, even if said source is unknown.
More than ever, the imperative to register your trademarks in China is clear. By taking action today, you could be holding a China registration certificate for your trademark before next summer. But if you don't take action, you may be ringing in 2023 by preparing an opposition to someone else's application. Stop that application from being filed, by filing yours first!
U.S. and European companies that manufacture in China are typically concerned about their Chinese factory or some local competitor stealing their design yet are far too relaxed about protecting their trademarks.
China trademark oppositions work. What's more, they are relatively speedy and streamlined, with reasonable costs.
To avoid issues, brands registering their trademarks in China should consider whether their marks may in any way be considered deceptive.
Back in the day, China strictly adhered to the first-to-file principle when it came to trademarks, meaning that whoever won the race to the registrar got the trademark, without regard to prior use of same. In the intervening years, however, China has moved in a more equitable direction, particularly in instances where the first filer is acting in bad faith.
How to handle a China trademark expungement and reexamination action.
When applying to register trademarks in China, it is not uncommon for brands to have their applications denied because of a similar trademark that has a prior right. This prior right may be an existing registration, or a pending application to register that was filed at an earlier date than yours. What to do if your brand finds itself in that situation?
A number of Chinese trademark law firms have of late been trying to drum up American clients on China trademark matters. I say this because my firm's China trademark lawyers have been getting a steady stream of emails from U.S. lawyers and companies contacted by these Chinese trademark law firms. The Chinese law firms are writing to U.S. lawyers and companies to alert them of trademark filings in China of the same trademarks owned by the company in the United States. These emails from the Chinese trademark attorneys to U.S. trademark attorneys usually go as follows:
This very long post aims to provide an overview of the challenges of manufacturing in China, as well as strategies for minimizing risks and maximizing opportunities. It outlines the administrative and regulatory requirements, process and production challenges, and specific cultural and market-specific risks.
