Do You Have to Register Trademark in China? Here’s When and Why It Matters

Do you wish to safeguard your brand in China? Then, you need to first register trademark in China. As the business market in China grows, registering your trademark helps prevent counterfeit behavior and potential legal battles. It is an easy feat and provides your brand with a solid safeguard, helping you maintain your brand reputation in the Chinese market.

When Should You Register Trademark in China?

In the case of China trademark registration, timing is very important. China adopts the “first-to-file” system, in which whoever first registers a trademark is given the legal interest in it, whether or not he is the actual player behind it. So, being too late to register may then end up costing your brand more. Hence, knowing the right time for trademark registration is crucial.

·       Before Market Entry or Public Disclosure

Before exposing your trademark to anyone, register it in case you intend to enter China with your brand. This would involve presenting your brand to local distributors in China or making it known publicly. When strangers are aware that your brand is valuable, they may register it ahead of you and deny you any right to use this brand in the future.

·       Strike the Appropriate Balance

You should establish a China trademark registration a time before you demonstrate your brand in China, but not too late. The right timing will save you from legal fees, and they can ensure the future of your brand.

·       Refrain From Early Filing without Use Plans

It is also dangerous to register too soon. A single inventor sought to have his brand registered under six classes without setting a production deadline. A trademark can be canceled after three years of uninterrupted non-use in China. Therefore, early filing without a usage strategy exposes your trademark to potential risks.

Importance of Registering Trademark in China

In case you are willing to conduct business in China, it is essential to register your trademark in the country. In China, it operates under a first-to-file system, where rights are granted to the first person to register a trademark, not necessarily the long-time owner. Here is how it can benefit your brand.

·       Prevents Trademark Squatting

China is full of trademark squatters. So, your brand name might be registered by local manufacturers or individuals even though it is your right. After obtaining the trademark, they can either assign the trademark for a fee or utilize it to generate profits. However, this is prevented by trademark registration.

·       Prevention of Costly Litigation Proceedings

You can land yourself into a legal battle without a registered trademark in China. Others spend years battling counterfeiters or even have to repurchase their trademarks. So, by registering your brand, you will have the right to protect your rights in court and eliminate unwarranted expenses.

·       Allows Fighting Online Violation

A trademark registration will also enable you to eliminate counterfeit advertisements or items on Chinese shopping websites. Lawsuits may also be filed, or infringing goods may be asked to be seized by those exporting them.

You should apply for trademark registration in China to safeguard your brand. By not registering, you will lose rights to your mark. When launching a business or production in China, it is advisable to register beforehand to avoid legal difficulties and financial losses.