Due to the economic prosperity in China, many brand owners are focused on investing and expanding into this market. The key to successful trademark protection in China is securing early registration which acquires specific rights in a trademark. Immediate steps to apply for registration of the trademark should be taken, in order to prevent illegitimate exploitation of the trademark.
If you need any help in the matter, our lawyers in China will offer legal assistance for protection of trademarks in China.
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In order to protect a trademark in China, a new legislation was implemented in May 2014, China taking steps to bring its trademark protection practices in line with the ones elsewhere. The trademark registration application will be submitted at the Chinese Trademark Office.
Firstly, the registration steps must be taken as it follows, so that a first condition for Chinese trademark protection is fulfilled:
• trademark must not be identical or similar to those of international organizations and it cannot promote discrimination or fraudulent advertising aspects;
• it must be distinctive;
• trademark must not be functional – a rule for 3D shapes;
• it has to be available.
After being registered, a trademark is valid for ten years and it can be renewed eventually for another ten years.
For a better protection of trademarks in China, foreign investors are advised to register marks written both in the Latin alphabet and in Chinese characters, at the Chinese Trademarks Office. A single application can cover both instances. However, in order to ensure that the rights holder will get the broadest possible scope of protection, each registration should be secured in as many forms and variations as deemed convenient.
Our Chinese law firm can offer you further information about the complete steps for trademark registration, in order to assure a good trademark protection in China.
Significant importance has been given to trademarks enforcement since customs authorities have been empowered with monitoring system to help prevent the export of counterfeited goods. Trademark owners registered in China can now apply for protection of their trademark rights directly at the borders, by having customs agents actively check for potentially infringing exports in order to stop illegal practices when detected.
Various problems can be avoided by taking simple precautionary measures. However, if there’s still necessary to undertake a civil procedure on protection of trademarks, the following steps must be taken:
• the complaint has to be filed with the civil division of the People’s Courts;
• after setting a date for a pre-trial hearing, the parties will examine and discuss available evidence before the court;
• the court will provide the parties with the opportunity to settle the dispute, before concluding proceedings.
After the pronouncement of the judgment, the court may lay down some of the following actions:
• formulate an injunction to cease the infringements;
• impose damages to be paid to the trademark owner by the infringing party;
• confiscate all infringing goods, as well as the machinery and equipment used to produce these.
In order to receive detailed information and also proper legal assistance on the protection of trademarks, please contact our Chinese attorneys.