How do you protect a trademark in China?
A trademark can be registered through the ‘national’ or ‘international’ system and can only be effectively protected in China once it has been registered. China has a centralised registration system, the assessment and registration process is outlined below.
Does China have trademark laws?
Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for “well-known” marks, as detailed below). Amendments to the PRC’s Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks.
How do you enforce trademark rights?
If the mark is registered with the United States Patent and Trademark Office (USPTO), you can file a lawsuit in federal court. If the mark is unregistered and the infringing mark is being used in the same state, your dispute may be resolved in state court.
Does China ignore copyright?
China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
Is it worth trademarking in China?
Many businesses, through manufacturing, distribution, and sales, will likely do business in China at some point. Therefore, it is best to obtain trademark registration in China as soon as possible, in order to avoid bad faith registrations and protect against counterfeiting.
Do I need to register my trademark in China?
Well-known brands often don’t need to register their trademarks, but China’s laws follow a first-to-file system. It also does not recognize trademarks registered in other jurisdictions.
What if someone infringes on my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can you lose trademark if you don’t defend it?
You can lose your exclusive proprietary interest in a mark if it is not properly defended. Although a trademark can be recognized at common law, your best protection comes from using a registrable mark and getting it registered with the United States Patent and Trademark Office.
Is piracy legal in China?
Defining piracy in regard to China is the a major challenge because, according to Manjiao Chi ( 池漫郊), a professor of international law at Ximen University’s School of Law, “China does not have specialized domestic laws against piracy” and “neither expressly criminalizes piracy, nor provides a clear definition of piracy …
Why does China have a lot of knockoffs?
These aspirational Chinese shoppers purchase fake goods for the same reason the wealthy buy real products: to emulate their high-class idols, impress peers, and enhance social status. Fake goods allow shoppers to “consume” prestigious brands without actually buying the high-quality goods.
How much does it cost to register trademark in China?
Typically, the cost to register a trademark in China is $850 in legal fees for applications in one class. Chinese government fees are $50 per class.