Trademark Protection Strategies In China


As the economy of the People’s Republic of China (PRC) continues to expand, an increasing number of foreign and multinational companies are entering the Chinese market. Among other key markers, evidence of this rapid growth in trade can be seen in the increased activity surrounding intellectual property rights and, in particular, trademark prosecution and enforcement.

Companies doing business in China frequently ask: “How do we develop an effective IP strategy to protect our trademarks, logos and brand names in China?” Some companies are very frustrated when they discover that their famous trademarks have already been registered as trademarks and/or domain names by an unrelated third party. They are eager to know if and by what process they can recapture their trademarks. Some multinational giants are becoming increasingly exhausted by the need to deal with an unending stream of fake/counterfeit products coming forth continuously. Trademark owners also face a variety of challenges in the PRC, ranging from the rush-register act and trademark piracy to the counterfeiting of registered trademarks. At present, the problem of trademark protection is a tactical and business issue, with a wide range of consumer and industrial goods being targeted by PRC infringers. Likewise, there is no uniform answer to the above questions, as the strategy for each company differs.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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