Trade Mark protection in China

Did you know? The top 5 destinations for Australians to file their Trade Marks in order of popularity are: China; the United States; New Zealand; the European Union; and Singapore.

Destination #1: China

China has the 2nd largest market in the world. It has a population of almost 1.4 billion, a middle class that has grown from 6% to 51% in just 10 years and is the recipient of 46% of all global foreign investment. It is one of the most attractive, and powerful, markets to invest in for both small and big businesses. Its lax Intellectual Property Laws make it also one of the riskiest countries for protecting your brands, designs, inventions, and other works. But, the size of its market has been a sufficient reason for tech giants, such as Apple, IBM, Amazon, and Google, to risk, and even sacrifice, their Intellectual Property over.

So why should you file your Trade Mark? Under Chinese Trade Mark Law, it is not uncommon for a brand to be legally copied in China. The rule in Chinese Trade Mark Law is the first-to-file rule, not the first-to-use rule. This means that the person who is the first to file the Trade Mark is the rightful owner of that Trade Mark. This is regardless of whether or not another person has been the first to use that Trade Mark in China. This means that it is absolutely important for you to file your Trade Mark in China first as soon as possible. If another person files your Trade Mark in China before you, then that could mean you could instead potentially be sued for infringement of your own Trade Mark.

How can you file your Trade Mark? Speak to one of our international trade mark specialists for a free consultation.