Protect your Brand

Your potential business partner can also be your competitor. Failing to register your brand in China, especially without a Non-Disclosure Agreement, poses the risk of your 'partner' registering the mark.”

In modern business, intellectual property stands as one of the most invaluable assets that a company possesses, demanding vigilant safeguarding.

However, navigating the complex landscape of international trademark protection can be challenging, especially given the absence of a true worldwide trademark protection system.

China operates under a "first to file" jurisdiction, rather than a "first to use" principle. In practical terms, this means that when it comes to branding, businesses are essentially categorized as either 'first' or 'last.'

The crux of successful trademark registration lies in thorough searches and expert advice. Understanding the landscape of prior registrations is essential, as not all marks are eligible for registration.

Aligning your brand protection strategy across China and your target export markets is strategically advantageous. However, it's important to note that there is a "blind" period because of the lag time between a mark being accepted by the China Trademark Bureau and the search register being updated.

Additionally, due to the "one country, two systems" policy, Hong Kong boasts a separate trademark system. If your goods are trans-shipped through Hong Kong, it's prudent to consider additional protection in this jurisdiction.

Given the significant duration required for application and registration, which can span between 7-12 months, it is imperative to initiate the process in a timely fashion. Recognizing this lag time, trademark registration should be among the initial steps taken in developing your brand strategy.

A critical consideration is that your potential business partner can also be your competitor. Failing to register your brand in China, especially without a Non-Disclosure Agreement (NDA), poses the risk of your 'partner' registering the mark before you do.

While registering your brand is relatively cost-effective, the consequences of not doing so can be significantly draining in terms of time and capital when forced to defend your brand against prior registrations.

Furthermore, a registration certificate can be submitted to China's Customs authorities, enabling them to prevent the export of any goods that infringe upon your registered mark.

In China, mere registration alone is insufficient. It is imperative to demonstrate the active use of your brand in trade and commerce to maintain its registration.

To ensure comprehensive protection, it is crucial to have a clear understanding of trademark classes and sub-items, guaranteeing that all your goods are shielded under the umbrella of trademark protection.