At Trademark Partners, we provide ongoing trademark watch services in China. For
our clients, we also carry out a trademark registrability check, monitor the activities of
competitors and, if conflicting registrations are detected, we quickly contact the client and
take appropriate legal action, including communicating with the Chinese authorities.
Creating a unique brand name is a big challenge, especially if we want to ensure that it is
memorable and conveys the essence of the product. However, creating the mark itself is
only half the battle, as any newly created mark must be able to be registered. In other
words, it must be unique enough to be registered in the trademark environment of a
given country. To this end, it is necessary to carefully check the trademark database
maintained by the Chinese Patent Office to see whether the same or a very similar
trademark has already been applied for.
First of all, a trademark search in China allows you to minimise the risk of
infringing the rights of third parties even before filing an application with the Chinese
Patent Office. By eliminating potential collisions at an early stage, the company saves the
time and money that would inevitably be involved in launching goods protected by the
same or similar trademark.
Trademark examination also provides an opportunity to amend the information
contained in the application in accordance with specific guidelines, thereby increasing the
chances of successfully obtaining protection. Above all, trademark examination in
China allows you to control the activities of competitors and to check whether
similar or identical trademarks have been filed with the Chinese Patent Office. In
such cases, Trademark Partners can help companies assess whether a trademark is
actually being infringed in a given situation and, if so, initiate the necessary proceedings
immediately.
The examination of the registrability of a trademark is an activity of great importance
for business decisions. Therefore, we at Trademark Partners attach great importance to it
and professionally assess the distinctiveness of a trademark and examine the
possibility of its registration with the Chinese Patent Office.
When examining the registrability of a trademark, we thoroughly analyse the trademarks
filed and registered in China. We work closely with experienced patent attorneys so that
our reports and opinions are substantive and contain precise recommendations.
There is sometimes a misconception among some entrepreneurs that if there is no
identical trademark in the register maintained by the Chinese Patent Office, it means that
there are no obstacles to filing for registration. However, this analysis is far from
sufficient. Professional trademark examination should also take into account the similarity
of signs and other aspects specific to Chinese law. Therefore, it is worth entrusting this
task to specialists, as it is possible to combat unfair competition and attempts to infringe
trademark rights.
Monitoring of a trademark after it has been submitted for registration in China is an
effective tool for observing the activities of competitors. It makes it possible to check on
an ongoing basis whether another company is filing identical or similar
trademarks, which trademarks they are filing and in which classes. It is an excellent
source of knowledge about the plans of a particular company and a valuable source of
information for companies exporting goods about the current legal status of trademarks in
international markets.
