China Trademarks: More Useful and More Necessary Than Ever
China trademark protections just keep getting better
China trademark protections just keep getting better
Being first to market is usually no protection at all. You must protect your IP from China with IP registrations and appropriate contracts.
What should go into China Technology and Trademark Licensing Agreements between foreign and Chinese companies. The key terms are usually the following: Approved products; Territory; Royalty payments; Payment Terms; Term and Termination.
Our international IP lawyers do a lot of work for clients seeking to remove listings of counterfeit goods from Chinese e-commerce sites. Most of these listings are for obviously, sometimes extravagantly counterfeit merchandise, offered in vast quantities at far-below retail prices, with pictures either lifted from the real manufacturer’s website or showing products of dubious quality,
I am not a big fan of filing Madrid Protocol applications for China. In certain situations, they can work well, but when they don’t work (which is fairly often) the trademark registration process takes longer and costs more than just filing a national application. See China Trademarks. Register Them In China Not Madrid. Filing a
When registering your trademark in China, it is important you choose your China trademark classes wisely and not choose to register in too many or in too few China trademark classes.
Unlike the United States, you do not need to prove “use” for a China trademark application to proceed to registration, and once a trademark is registered you do not have to prove you are still using trademark to be able to maintain or renew the registration for that trademark. Foreign companies have come to realize
Your China distribution contract should contain provisions that protect your brand name in China.
Close your eyes, and imagine that when you open them you have been magically transported to another country and you are inside a McDonald’s. How do you know you’re in a McDonald’s? Surely you would know without having to see the name McDonald’s or the famous Golden Arches logo. Would you even know that you