What advantages to register a China trademark?
There are many advantages to filing a China trademark speak for themselves.
(1)The owner of a registered trademark is granted the right to the exclusive use of his trademark China-wide (country-wide) even if the trademark is not used throughout all of China. The owner of an unregistered trademark has protection, under civil law, within a confined geographic area where he enjoys an established reputation and goodwill.
(2)A registered trademark enables the owner to take trademark infringement proceedings in either People’s Court of China.
(3)Infringement is easier to demonstrate, than Passing Off is to prove.
(4)There is a serious risk that licensing will damage or destroy the distinctiveness of unregistered trademarks. For registered trademarks, the risk of loss of distinctiveness is reduced by allowing the licensee to be registered as a "Licensed User", ensuring that the owner can maintain a suitable degree of control over the character and quality of goods and services sold or performed by the licensees of the trademark.
(5) A registered trademark may afford protection against a non competitor; whereas an unregistered trademark usually may be asserted only against a competitor.
(6)A registered trademark becomes incontestable, in most respects, five years after registration. The un-contestable rule can operate to the serious disadvantage of a person who does not diligently seek registration while he is "entitled" to do so.
(7)Many prudent people conduct trademark searches before they proceed with the introduction of a new product or service. Once registered, a trademark will be brought to the attention of a potential user, thereby stopping any possible infringement right from the source.
(8)A trademark registration usually enables the owner of a mark to seek registration in a foreign country, whereas registration in other countries may be denied if the trademark is not registered in China.
(9)Corporate name searches are required for all new Chinese incorporations. A registered trademark will appear on the corporate name search of the competitor. The courts are aware of this fact and will refuse to accept the argument that an infringer has done all things possible to insure he is not infringing on the rights of a trademark owner when he/she was required to provide a report prior to filing his/her articles of incorporation.
Who can register a China trademark?
Companies, individuals, partnerships, trade unions or lawful associations, provided they meet the requirements of the China Trademark Law.
Who should register a China trademark?
There has always been a debate over who should own marks. As a rule, trademarks denote the source of goods. therefore the owner of the mark should be the party who derives benefit from the goodwill attached to the goods. For a more detailed description read Trademarks explained.
How long is registration effective?