Expert Protection forTrademark Infringement

Our attorneys specializes in providing trademark protection services in China to help companies safeguard their intellectual property and prevent trademark infringement. We offer a comprehensive and streamlined process for obtaining and maintaining trademark protection in China.

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Introduction to Trademark Infringement in China

Understanding Trademark Protection in China’s Evolving Landscape

Trademark protection in China is governed by the Trademark Law of the People’s Republic of China and implemented by the State Administration for Market Regulation (SAMR). Under the Trademark Law, a trademark refers to any visible sign, such as a word, phrase, logo, or design, used to distinguish the goods or services of one entity from those of others.

Trademark protection in China operates on a first-to-file basis, which means that the party who files a trademark application first will generally have priority over other parties seeking to register the same or a similar mark. Therefore, it is important for businesses to conduct a comprehensive trademark search and to file their trademark applications as soon as possible in order to secure protection for their brands in China.

In order to be eligible for trademark registration in China, a mark must be distinctive and not conflict with any existing trademarks or prior rights. It is also important to note that not all types of marks are eligible for trademark protection in China. For example, marks that are deemed immoral or offensive, or marks that are purely descriptive or generic, may be rejected for registration.

In order to be eligible for trademark registration in China, a mark must be distinctive and not conflict with any existing trademarks or prior rights. It is also important to note that not all types of marks are eligible for trademark protection in China. For example, marks that are deemed immoral or offensive, or marks that are purely descriptive or generic, may be rejected for registration.

China Trademark Protection Services

Expert Counsel and Representation for Your Trademark Needs

First-to-File Priority

  • China operates on a first-to-file basis for trademark registration. This means that the party who files their trademark application first will generally have priority over other parties seeking to register the same or a similar mark.

Trademark Search

  • Before filing a trademark application, it is important to conduct a comprehensive trademark search to ensure that your mark is eligible for registration and does not conflict with any existing trademarks or prior rights.

Expert Representation

  • Our attorneys has a deep understanding of China’s trademark laws and regulations, and can provide expert counsel and representation to help you navigate the trademark protection process in China.

Infringement Expertise

  • If you believe your trademark rights have been infringed upon in China, our team has the expertise to help you stop the infringement and seek compensation for any damages incurred.

Intellectual Property Strategy

  • Our attorneys can provide strategic counsel to help you protect your intellectual property rights in China and develop effective strategies to enforce those rights.

Trademark Enforcement

  • Our service includes ongoing monitoring to identify any potential infringement issues. We can also assist with enforcing your trademark rights through legal action if necessary.

Frequently Asked Questions

A trademark is a symbol, word, or phrase that is used to identify and distinguish a particular product or service from those of other producers or providers. It is an important aspect of a company’s intellectual property and helps to protect the company’s reputation and brand.

Trademarks are important to protect in China because they help to prevent confusion and deception among consumers, and they also help to protect the company’s investment in its brand. In China, there is a high demand for foreign products and services, and as a result, there is also a high risk of trademark infringement and counterfeiting. Protecting your trademark in China is essential to ensure that your brand is not being used without your permission and to prevent others from benefiting from your investment in your brand.

Wolster & Co., a China law firm with a team of Chinese lawyers and Chinese-speaking solicitors, can help you navigate the process of registering a trademark in China. However, it is generally not possible to register a trademark in China that is already in use in another country, as the trademark must be available for use and not confusingly similar to any existing trademarks.

Our team of experienced Chinese attorneys can advise you on the best course of action for your specific situation and help you file a trademark application with the China National Intellectual Property Administration (CNIPA). Keep in mind that China operates on a first-to-file system for trademarks, so it is important to act quickly if you want to secure your desired trademark.

As a reputable law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your intellectual property in this important market.

Wolster & Co., a reputable China law firm with a team of skilled Chinese lawyers and Chinese-speaking solicitors, can help you navigate the process of registering a trademark in China. In order to register a trademark in China, it must be capable of distinguishing the goods or services of one company from those of another and must be available for use, not confusingly similar to any existing trademarks, and not immoral, offensive, or deceptive.

Our team of experienced Chinese attorneys can advise you on the best course of action for your specific situation and help you file a trademark application with the China National Intellectual Property Administration (CNIPA). In China, the following types of trademarks can be registered: word marks, device marks, combination marks, three-dimensional marks, sound marks, hologram marks, and color marks.

As a respected law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your intellectual property in this important market.

There are a number of steps you can take to safeguard your intellectual property rights in this important market, including:

Registering your trademark with the China National Intellectual Property Administration (CNIPA). Our team of experienced Chinese attorneys can assist you with the trademark registration process and ensure that your trademark meets all necessary requirements.

Monitoring the market for infringing products or services. Our team can help you use online tools or hire a company to monitor the market for infringing products or services and alert you if any are discovered.

Taking legal action against infringers. If you discover that your trademark is being infringed upon, our team can assist you with taking legal action against the infringer, such as filing a lawsuit or seeking an injunction to stop the infringing activity.

Using caution when entering into partnerships or licensing agreements. Our team can review any partnerships or licensing agreements to ensure that your trademark rights are protected.

Using caution when importing or exporting goods. Our team can advise you on the best practices for using licensed manufacturers and distributors when importing or exporting goods to protect your trademark rights.

As a respected law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your trademark in this important market.

If you are considering registering a trademark in China, it is important to work with a reputable law firm such as Wolster & Co. to ensure that the process goes smoothly. Our team of experienced Chinese lawyers and attorneys are here to guide you through every step of the process, from conducting a thorough trademark search to filing the application and defending your trademark if necessary.

To register a trademark in China, you will need to follow these steps:

Conduct a trademark search: Before you apply to register your trademark, it is essential to conduct a thorough search of the trademark database to ensure that your trademark is not already in use by another company. Our team of Chinese-speaking solicitors at Wolster & Co. can help you with this process.

Choose the appropriate classification: China uses the Nice Classification system to classify trademarks. Our experienced attorneys can help you choose the appropriate class for your trademark based on the goods or services you offer.

File a trademark application: Our team of Chinese lawyers can help you file a trademark application online through the China National Intellectual Property Administration (CNIPA) website or through a registered trademark agent. You will need to provide the following information:

A clear and accurate representation of the trademark
The name and address of the applicant
The class and description of the goods or services for which the trademark will be used
A list of countries where the trademark has already been registered, if applicable
Wait for a decision: Once you have filed your application, the CNIPA will review it to make sure it meets all the necessary requirements. If the application is approved, your trademark will be published in the Trademark Gazette. If it is opposed by any third parties, you may need to defend your trademark through a hearing process. Our team of Chinese attorneys at Wolster & Co. are well-equipped to handle any challenges that may arise during this process.

Pay the registration fee: If your trademark is approved, you will need to pay the registration fee to complete the process. Our team at Wolster & Co., a reputable law office in China, can help you navigate this process and ensure that everything is completed correctly.

Overall, registering a trademark in China can be a complex and time-consuming process. By working with our team of experienced Chinese lawyers and attorneys at Wolster & Co., you can feel confident that your trademark registration is in good hands.

Wolster & Co., a leading China law firm with a team of experienced Chinese lawyers and Chinese-speaking solicitors, can help you navigate the trademark registration process in China. The process can take anywhere from a few months to several years, depending on the specific circumstances of your case.

Our team of Chinese attorneys can advise you on the best course of action for your specific situation and help you file a trademark application with the China National Intellectual Property Administration (CNIPA). The trademark registration process in China generally consists of the following steps: filing an application, examination by the CNIPA, publication in the Trademark Gazette, opposition period, and issuance of a registration certificate if the trademark is approved.

The examination and opposition periods can be the most time-consuming parts of the process and can take several months or even years to complete. However, it is worth noting that the process can be expedited in some cases, such as if the trademark is deemed to be in the public interest or if the applicant is willing to pay additional fees.

As a reputable law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your intellectual property in this important market.

In order to be eligible for registration, your business name must be capable of distinguishing the goods or services of your company from those of other companies and must be available for use, not confusingly similar to any existing trademarks, and not immoral, offensive, or deceptive.

Our team of experienced Chinese attorneys can advise you on the best course of action for your specific situation and help you file a trademark application with the China National Intellectual Property Administration (CNIPA). We can ensure that your trademark meets all necessary requirements and assist you with the application process.

As a reputable law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your intellectual property in this important market.

In general, a trademark registration in China lasts for a period of 10 years from the date of registration. After the initial 10-year period, the trademark can be renewed for additional 10-year periods by filing a renewal application with the China National Intellectual Property Administration (CNIPA) and paying the required fees.

However, it is important to note that a trademark registration can be cancelled if the trademark is not used for a continuous period of three years or if the trademark becomes generic or descriptive of the goods or services it is intended to protect. To retain your rights, it is essential to use and maintain your trademark.

Our team of experienced Chinese attorneys can advise you on the best course of action to take to ensure that your trademark remains protected in China. If you want to extend the protection of your trademark to additional goods or services, we can assist you with filing a supplementary trademark application with the CNIPA.

As a respected law office in China, Wolster & Co. is well-equipped to handle all of your intellectual property needs. Our team is fluent in both Chinese and English, making us a reliable resource for foreign companies seeking legal assistance in China. Contact us today to learn more about how we can help you protect your trademark in this important market.

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