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.
Blockchain technologies are inherently international, and China has had its share of news lately. I have spoken on China and web3 from both business and national security perspectives. These new technologies present challenges and opportunities both inside and outside China. This post focuses on the for-profit blockchain developments and opportunities in China.
The CCP is incredibly powerful and ruthless. Most of you already know this. If the CCP wants your IP, it will use its power and ruthlessness to get it. How does it do thatwhen you are not even located in China or you are always extremely careful about what you reveal of your IP in China? Very simple. It leans on your employees to force them to turn over your IP.
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.
Vietnam's amended IP law will take effect on New Year's Day 2023. Similar amendments to China's Trademark Law would be greatly welcomed.
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:
