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What if I don't have a registered trademark? What can happen?

If you don't have a registered trademark, you may still have what are called common law trademark rights, but they only go so far. Plus, there is the potential that someone else could register the trademark ahead of you, giving them the exclusive right to use the trademark nationwide. At that point, you could get a cease and desist letter asking you to stop using your mark, or even be sued in federal court. Registering your name, logo, or slogan can go a long way in protecting the investment you put into your brand.

CTPLO · Published on 2017-10-24 12:22:12 · 35 read Application

Why do I need an attorney to analyze my search results?

Your search results can be hundreds of pages long, and determining whether a conflict exists requires a multi-factor analysis that isn't always straightforward. It can be vital to have an experienced trademark attorney carefully analyze your search results and advise you on the strength of your mark, to help guide you application and steer you clear of infringement lawsuits.

CTPLO · Published on 2017-10-24 12:11:10 · 28 read Search

How do I choose a trademark class?

When you apply for trademark registration, you must identify the class of goods or services that your trademark covers. It's important to choose the right class, because if you get it wrong, you may not be able to register a trademark. And if you do manage to register for the wrong class, you can't change your registration later to name a different one, or to switch from a good to a service.

CTPLO · Published on 2017-10-24 12:10:07 · 38 read Search

What are trademark classes?

The China trademark search stem divides all goods and services into 45 trademark classes — 34 for goods and 11 for services. There are many goods or services that fall into each class, and they're not always obvious from the class name. When you file your trademark application, you must select the class of goods or services that your trademark will protect, and you must also identify the goods…

CTPLO · Published on 2017-10-24 12:07:05 · 32 read Search

What is considered a trademark conflict?

A conflict exists when one trademark is confusingly similar with another trademark already registered and/or being used in commerce. The principal factors used to determine if there would be a chance of confusion include:  • The similarity of the marks  • The commercial relationship between the products and/or servicesIn some cases, trademarks that may…

CTPLO · Published on 2017-10-24 11:35:31 · 26 read Search

Intellectual property in China

Intellectual property rights (IPRs) have been acknowledged and protected in the People's Republic of China since 1979. The People's Republic of China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and…

CTPLO · Published on 2017-10-24 11:22:38 · 30 read IP Knowledge

Learn from“New Balance” Trademark in China

When a foreign company come to China, usually they will register English trademark, but don't register a Chinese name, a good Chinese name for foreign brand would be much easier for the local consumers to remember, helping to improve the brand image and promote sales of products.

AC · Published on 2017-10-24 10:45:18 · 34 read Analysis

What if my trademark is refused/rejected in China?

If you entrusted a China trademark agency/attorney to submit the trademark registration application to the CTMO (China Trademark Office), once the mark is refused, the agency will forward you the official Notice of Refusal. Then, you shall do as follows:

Joe Shen · Published on 2016-12-14 12:06:56 · 450 read Analysis

How Should the Enterprise Design Its Own Trademark?

Trademark is the epitome an enterprise created for its own image at the starting phase. It is conceived and designed based on the name, business scope, location and corporate culture of an enterprise, and acts as its spiritual business card.

JOE SHEN · Published on 2016-11-17 14:40:53 · 355 read Application

Conflicts between copyright and trademark​ right

According to the Chinese Copyright Law, copyright refers to the civil right enjoyed by the creators of literature, art and science works or other citizens, legal persons or entities without legal personality who are enjoying copyright, so as to dominate their works. Specifically...

JOE SHEN · Published on 2016-11-17 14:33:21 · 307 read Copyright