Top 5+ Reasons Why to Register a Trademark in China
1. If you produce in China you don’t want your own goods seized in China for trademark infirngement. That sounds weird but China is a first-to-file jurisdiction for trademarks and this means that if you don’t register your trademark, someone else could do it and then threat you to seize your goods for trademark infringement.
Also export-only manufacturing constitutes infringing trademark use in China and So even if you are just manufacturing in China failing to register your trademark puts you at great risk of losing your brand and the possibility to produce under this brand in China. And register the Chinese-language version of your trademarks, too.
2. To remove and takedown infringing listings from domestic Chinese e-commerce sites like Taobao and 1688.com you need a Chinese trademark registration. Also social networking sites require a Chinese trademark registration and the sites take action more quickly with one. You don’t want to take the risk of having someone selling products with your name on them all around the world from China (or even just in China).
Register a Trademark in China
3. If you want to license your products to a Chinese distributor then you need to own that brand name because you can’t license something you don’t own. A good Chinese distributor will insist that you register the trademark first; other distributors might register your trademark “on your behalf” without telling you.
4. With few exceptions, a foreign trademark has no relevance in China. If you want to have counterfeit goods seized by Chinese Customs you need to hav a registered chinese trademark. U.S. Customs and Border Patrol would not seize goods based on a Chinese trademark registration as well. So the only way that Chinese Customs seize infringing goods is to first have a Chinese trademark registration.
5. Because you want to file a lawsuit in China against counterfeiters. This seems obvious but is sometimes overlooked. You do not have any trademark rights in China unless you have registered your trademark in China. If you attempt to file a lawsuit in China for trademark infringement without actually owning the trademark in China that is allegedly being infringed, you will be laughed out loud by the court.
6. It’s no mystery that China is the biggest market in the world, with monstrous buying power and a rapidly growing consumer class. Having a trademark registration in hand will make it that much easier for you to enter the Chinese market. Currently it takes at least a year from the trademark application date to the registration date assumimg everything goes smoothly. Having a trademark registration in hand will make it that much easier for you to enter the Chinese market.
7. To make your company a more attractive buyout target. Companies found out often too late that a trademark squatter had already registered their trademark in China. A company that has its IP all zipped up will always be more attractive as a buyout target. We have represented several companies that register trademarks in China for no other reason than to increase its value to investors.
Conclusion of “Reasons to Register Your Trademarks in China”
There are many reasons to register a trademark in China, but the main reasons include protecting your intellectual property, increasing brand awareness and creating a stronger business presence. By registering your trademark, you can deter others from using similar or even identical trademarks, which can protect your profits.
You may also need to file a lawsuit if someone violates your trademark rights. With a registered mark, you will be able to take legal action if necessary and protect both your intellectual property and reputation.