Sperton highly recommends to register your trademark in Mainland China
if you are doing business in China or manufacturing.
Chinese government does not recognize trademarks, patents, or other registrations that are only in other countries. China operates on a First to File system on trademark registrations. This means that whoever registers a certain mark first will have the legal right to use it in China during the valid period. Each successfully registered trademark is valid for 10 years and can be renewed by paying a renewal fee.
If your products are only manufactured in China and not sold in the Chinese market it is wise to register the trademark for the manufactured products. In case you have not registered the name, the products can be considered counterfeit and confiscated by Customs during export process if the name has been registered by another Chinese / foreign party, even if it is well-known product or name in other regions. The only way to protect your name is to register your trademark in China in the relevant categories.
Enter the Chinese Market with Confidence
Even if you are not yet ready to launch your business in China, you can still go ahead and seek legal protection for your brand now to prevent infringement. Once your trademark has been successfully registered, it will make it easier for you once you are ready to enter the market.
By being proactive, you can enter the Chinese market with confidence and without delays. Be aware that if you do not use your registered trademark for three years, anyone can file to cancel it!
Sperton China can do the full trademark registration.
It is not needed to use any law firm or other legal partner. We will start with a collision check of your desired name and mark and give advice for choosing a name or translate to a Chinese name with higher probability to be accepted before starting the registration process. This will help to avoid problems such as delay and extra costs.