Blue Sky Project: Strict Monitoring the Trademark Agencies

In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies

Defensive Trademark Application as Inexpensive Brand Protection Strategy

In order to counter the proliferation of bad faith trademark applications by counterfeiters, foreign companies should not only register their own trademarks in China, but also trademarks with similar words, signs and designs as defensive trademarks. Although these defensive trademarks can be cancelled after three consecutive years for non-use, their registration is cheaper than other… Continue reading Defensive Trademark Application as Inexpensive Brand Protection Strategy

Non-Use Cancellation: Defense against Bad-Faith Filings

When a foreign company decides to register its trademark in China, it is not uncommon that the application is rejected by the authorities. The reason: a Chinese company or an individual has already registered the trademark before, with an objective to capitalize on it later. This tactic is known as trademark hijacking, when a Chinese… Continue reading Non-Use Cancellation: Defense against Bad-Faith Filings