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Tag Archives: China trademarks

China Trademarks: The First Thing To Do When Someone Already Has “Yours”

Posted in Basics of China Business Law

It used to be rare for one of our clients to be unable to secure a desired trademark in China because someone had beaten them to it. With the proliferation of trademark filings in China over the last 3-5 years, those halcyon days are over. When our pre-application screening turns up a conflict with a… Continue Reading

China Trademarks. Register Them In China Not Madrid.

Posted in Basics of China Business Law, Legal News

Whenever clients ask about filing a trademark in China via the Madrid System, my answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better. Co-blogger Steve Dickinson takes an even stronger position. In his opinion, filing a China trademark via the Madrid System is a waste of time, and… Continue Reading

China Patents And Trademarks. Close The Barn Door Before The Pigs Are Gone.

Posted in Basics of China Business Law, Internet, Legal News

Sorry for the farm analogy, but I just finished looking at my itinerary for an upcoming Iowa trip. Got a call the other day from a U.S. company furious about a competitor in China who had registered both its trademark and its patent in China. How’s that you say? Let me explain. This U.S. company… Continue Reading

How To Respond To China IP Infringement. Watching The Sausage Get Made.

Posted in Internet, Legal News

As China lawyers, we are all too frequently contacted by our clients who need help dealing with IP infringement in China.  As a first step, we analyze the situation and propose a course of action.  The following is an amalgamation of memoranda, done so as to convey both what goes on out there and how… Continue Reading

Timing Your China Trademark. Not Too Soon And Not Too Late.

Posted in Legal News

Earlier this week, I corresponded with a client who is seeking to ship a new food product into China.  The client wanted to know if it should register a China trademark for the brand name and the logo even though there is a good chance that China will not allow that product into China for… Continue Reading

China Trademark Basics

Posted in Uncategorized

A few months ago, I was email interviewed for a story on protecting intellectual property in China. I just learned today that the story is not going to run because it was “deemed too technical.”  Fine. So instead I will list out below the points I made to my interviewer, who had sought me out… Continue Reading

Now That You Have Your China Trademark, What Next?

Posted in Basics of China Business Law, Legal News

We here at China Law Blog constantly emphasize the need to secure trademark registrations in China, as evidenced by the China trademark posts below: China: Do Just One Thing. Trademarks. WHEN To Register Your China Trademark. China Trademarks — Do You Feel Lucky? Do You? Register Your China Trademark Or Go Home Register Your China… Continue Reading

Register Your China Trademark Or Go Home, Part II.

Posted in Basics of China Business Law, Internet, Legal News

Late last week, we did a post, Register Your China Trademark Or Go Home, screaming about the importance of foreign companies that do business in or with China (including those foreign companies that do nothing more than have their products made in China) registering their trademarks in China.  That post was in response to “East Asia Company”… Continue Reading

China Trademarks. Doing Them With Class.

Posted in Basics of China Business Law, Legal News

As we have written many times over the years, if you are selling goods into China, sourcing goods from China, or even just doing business in China or with China, you probably should be registering a trademark in China for your logos and brand names. China is a first-to-file country and it requires no evidence… Continue Reading

China Trademarks And Your Logo

Posted in Legal News

As we have written a number of times, every company sourcing goods from China should register a trademark in China for any logo or brand name appearing on its goods or packaging. China is a first-to-file country, and companies that do not register their own trademarks are just laying out the welcome mat for trademark… Continue Reading

Hermès’ China Trademark Case. Do You Know What Trademarks You Really Need?

Posted in Basics of China Business Law, Legal News

Debra Bruno of  Women’s Wear Daily [subscription required, but go here for Fashionista’s take on the article] interviewed me the other day regarding Hermès’ long-standing China trademark dispute.  Here’s the deal.  Back in 1995, a Chinese company registered the name Ai Ma Shi. The thing is, Ai Ma Shi is what Chinese call Hermès.  So… Continue Reading

File Your Trademark In China. Now.

Posted in Legal News

Every few months or so, I see something that reminds me of how important it is to file your trademarks in China before anyone else does. I often tell clients that filing a trademark is about the only China legal no-brainer. Or as I said in a post from earlier this year, entitled, “China: Do… Continue Reading

Who Should Own Your China IP? Maybe Not You.

Posted in Legal News

We have been handling way more than the usual number of disputes between our clients and Chinese companies. In a number of these cases, our clients paid money to Chinese factories with whom they had been doing business for years and the Chinese factories simply refused to send over any product. These Chinese companies claimed… Continue Reading

Eight Big Mistakes To Avoid In China.

Posted in China Business, Internet, Legal News

One of the favorite topics among China lawyers is the big mistakes they have seen their clients, rejected clients, and others make when trying to navigate China. The discussion usually transpires with one attorney telling the facts, with the others then giving a knowing laugh and nod and then trying to top it. Had this… Continue Reading

China Trademarks And Litigation And Speed As The Enemy Of Accuracy. Get Me Goldilocks.

Posted in Legal News

I did a post the other day implicitly complaining about how long it takes for Chinese trademark registrations to go through. In response to that post, Stan Abrams over at China Hearsay, in a post entitled “China Trademarks: That Pesky Perennial Pendency Problem,” wrote of the opposite concern: what will happen to accuracy if China’s… Continue Reading

China Trademarks. Rumors Of Speed Are Greatly Exaggerated.

Posted in Legal News

Recently gave some China trademark advice of somewhat universal applicablity. The first was for a client getting ready to register a couple of its trademarks in China. They asked how long “it would all take” and I gave my standard answer. We typically take a week or two to get everything set up and filed,… Continue Reading

China Trademarks. The Rules For Chinese.

Posted in Legal News

Though my firm represents Chinese companies in the United States, we never represent Chinese companies in China. This means that when we are retained to register trademarks in China, we almost always are registering existing names and those names are almost always in English, or at least in the Roman alphabet.   About 80 percent… Continue Reading

The Basics On Doing Business In China.

Posted in China Business, Legal News

Beijinger Magazine recently did a really nice article on our blog,entitled, “Blogging the Law.” The article is mostly an interview with me and it nicely distills the basics for doing business in China. On the business side, it first addresses China’s current climate for foreign businesses:  How would you describe the government’s present attitude towards foreign… Continue Reading

China Intellectual Property (IP). I Hate Cats.

Posted in China Business, Legal News

The China Economic Review just came out with a column by Andrew Hupert, entitled, “Schroedinger’s copyright: Negotiating with Chinese about IP and brands requires quantum thinking” [link no longer exists]. It is on a completely different topic than I initially expected and so I will first cover the article and then I will cover the expected… Continue Reading

That’s Hot: China Distribution Contracts

Posted in Legal News

We recently did a post, entitled, “That’s Hot: Made In China For China. By Foreigners” in which we talked about seeing a massive increase in licensing agreements for foreign companies licensing products to Chinese manufacturers. We have also been seeing a correspondingly massive increase in work for foreign companies entering into distribution contracts with Chinese distributors…. Continue Reading

Change Your Car’s Oil. See Your China Trademark Lawyer.

Posted in Legal News

Just came across a great post on the benefits of using lawyers before you encounter a problem. The post is entitled, “Cautionary Tale: Hire Trademark Attorney or Change Name — Three Times,” and it rightly bills itself as “a cautionary tale for business owners who adopt a trademark before talking to a trademark attorney.” The… Continue Reading

Because Your China Trademark DOES Matter

Posted in Legal News

China Business Law blog has an excellent post up on Anheuser-Busch’s recent Chinese court victory trademark infringement lawsuit against a Chinese infringer, obtaining substantial damages and an injunction. The post is entitled, “Anheuser-Busch: How Good Does a Slam Dunk in Chinese Court Feel?” [Link No Longer Exists] Around April of 2006, Anheuser-Busch (AB) became aware… Continue Reading

Getting A Patent In China. The China Patent Shuffle.

Posted in Internet, Legal News

Kelly Spors, the Wall Street Journal’s spot on Q&A columnist on entrepreneurship and small business answered a question today on securing a China patent. The question asked of Ms. Spors by a U.S. patent holder is whether it is “worth spending the money for a patent in China to prevent knockoffs from being made there?” Ms…. Continue Reading

China Trademarks — Do You Feel Lucky? Do You?

Posted in Legal News

Our advice to all our clients is to register their trademarks in China before they go there. China is a first to register country, which means that whoever registers the trademark first gets it. Yes, there is an exception for famous trademarks, but unless you are Coca-Cola, it is lunacy to bank on a Chinese… Continue Reading