Although the United States media have published a number of stories deriding the China intellectual property protection, these articles almost always neglect to mention that in most cases involving trademarks, the fault lies with society foreign, and not with Chinese enforcement. The reality is that many companies fail to register their trademarks in China and thus have no real right to complain about any “infringement”. From expect protection, foreign companies must register their trademarks in China and the company does cautious before going in.
There are actually a number of people in China living usurping foreign brands and the sale of a license to that mark the original licensee. Once one comes grip with the fact that China, like most of the rest of the world is a “first to file” countries, we can understand how this theft is easy, and also, how easy it is to avoid it.
We know that China proves that the major trading countries in the word. Lot traders generally china. China anchestor a trader. Several commercial sites manufactured in China. For example, we can see www.alibaba.com.
The fact that you make your product in China for export just does not in any way minimize the need for you to protect your brand. Once someone registers “your” brand in China, he has the power to stop your goods at the border and prevented from leaving China.
The key to the protection of a trademark in China is actually very simple: register in China.
China demands of the brand are very similar to those of most other countries. The mark must not conflict with an existing trademark Chinese, and it must be distinctive. China provides for the registration of all brands for products, services, collective marks and certification marks. China is a good merchant.
China’s Trademark Office maintains a centralized database of all registered and applied-for trademarks. Trademark Applications that pass a preliminary examination are published by the Trademark Office and subjected to a period of three months for the opposition. If there are no objections within that three-month period, or if the Chinese Trademark Office rejects frivolous objections, the mark is registered. If the Chinese Trademark Office supports an objection, it can reject the request. Rejected applications can be appealed to the State Administration of Industry and Commerce expressing approval and review, then the board of the people’s court. Based on our experience, objections trademarks are rare.
A Chinese brand gives foreign companies an amazing degree of protection in China. If a foreign company learns that its trademark is violated in China, it has a number of actions available to it.
Usually, we advise our clients to pursue a multi-pronged approach to protect an infringement of trademark and prosecute the offender. The foreign holder of a trademark is expected to file a lawsuit against the offender, seeking damages and an injunction stopping the offender to continue to sell counterfeit products. The Chinese courts in the regions most traded are actually quite willing to enforce the trademark law in China, even for foreign companies. Infringement of trademark is a crime in China. For serious cases of infringement, a complaint with the public prosecutor’s office can often result in criminal prosecution against the offender. The Chinese police will end the operation in question and seize counterfeit goods. The courts are empowered to impose fines and imprisonment. Finally, if the goods are intended for export, a notice to the Chinese customs authorities will prevent the export of counterfeit goods.