It seems that everyone is talking about Trademarks in China. What is the best way to file a trademark? Should we file in English and Chinese? What about transliteration? By far and away though, people are asking the age old question, is it really possible to enforce trademarks in China?
China is obviously a market with vast business potential, and almost infinite capitalization opportunities; however the answer to the seemingly complicated question about trademark enforcement usually tips the balance one way or the other. Lets look at the big picture here, and lets take a birds eye view at the options, issues, and potential problems with enforcing your trademark in China.
The possibilities are endless when it comes to trademark enforcement in China. While there are definitely traditional methods which are most often suggested, it takes a creative mind to determine the best course of action. Before considering the prudent avenue of enforcement, it is important to consider a variety of factors before proceeding:
- Resources: determining the resources available to combat the potential infringement.
- Location: where is the infringement taking place? Is the location rural or in one of China's larger cities?
- Goals: are you hoping to receive damages, or is an injunction the main goal?
- Nature: on what scale is the infringement occurring? Is this purely a domestic issue or are the infringing products turning up in different jurisdictions?
Very often people are inclined to quash any amount of trademark infringement with a vengeance. More often than not, however, a well thought out and refined strategy is all that is necessary to accomplish your enforcement goals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.