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How to protect your trademark in China

china trademark lawyer

The system of trademark law in mainland China is administered by the China Trade Mark Office or CTMO (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce (SAIC). As experienced China Trademark lawyer, we have been dealing with the trademark office frequently.The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.

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. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).

 

A discussion over work product patent application regulations in China

As a China Patent lawyer, I frequently receive patent related consultation. Below is a communication with my client regarding work product patent application issue in China.

Here is the work product patent questions:


Two years ago, my husband was terminated by a tech company that had recruited him away from another position just a year before.  A few days ago, the company attorney contacted him to set up a conference call to discuss a patent application that is being submitted for a product that he "invented" while he worked there.

 

What happens when a trademark conflicts with a website in China

Client has asked me to trade mark Brand X for use on a web site. There are no competing marks on the CNPTO but somebody already has a website up called Brand Xing (the same name as my client with an "ing" on the end). As an experienced China intellectual property lawyer, we often face such tough issues that unspecified by law.

They provide exactly the same service.

My client's mark is not in the stream of commerce. The competitor's is in the stream of commerce. In other words, the competitor is already using it.
We haven't used it yet.

If I get our trademark registered, does that mean we can force the competitor to stop using it even though he was using it first?

 

Choice of Law Problem in China Copyright Sale Contract

Today I am going to talk about a case I discussed with my colleagues in our law firm. I was asked whether I have any thoughts on this?

- A would be seller has an offer to by photographs made by her husband. The pictures were literally taken in another country decades ago.
- The deceased husband was a noted photographer in this other country. He published some of his own works. However, the collection runs in the 100s or 1000s and there may be extra copies of works for hire the deceased photographer kept for himself.
- Seller shouldn't warrant all title, exclusive rights, etc, as she simply doesn't know the status of copyright for each picture.
- Can she simply assign whatever rights she has without guaranteeing anything?

 

China Patent Attorney, China Patent Agent, China Patent Application

We are experienced China patent attorneys, and we help businesses and entrepreneurs succeed with patents, trademarks, copyrights and related areas of business law in China.  We helped large multinational corporate clients obtain hundreds of millions of dollars through patent enforcement actions, defended businesses against wrongful allegations of infringement, and obtained legal protection for client inventions and creative works. We have the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition.

What is the difference between a China patent attorney and a China patent agent? A patent attorney is an individual who (1) is a lawyer, (2) holds a university degree in an approved technical field or who is a state registered engineer, and (3) has passed the Bar Examination. A patent agent only qualifies under items (2) and (3) above. Both patent attorneys and patent agents are registered with the China PTO, and are fully authorized to prepare patent applications and obtain patents for their clients. Patent agents usually charge much less for their services.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.