One of the common situations faced by enterprises working in the Chinese market is the seizure of a trademark. The seizure of a trademark further refers to a situation in which a foreign partner company, or another company, without the knowledge of the trademark owner company, has registered this trademark for itself in the country of destination of the products.
Each such case is special, requires in-depth analysis and the involvement of an expert. During the analysis, the expert carefully examines the registration data of trademarks in the destination country, the history of registration of the applicant's trademarks, the history of relations between companies, searches for similar and identical trademarks, and suggests possible options for returning the trademark to the rightholder, taking into account the specifics of the legislation of the destination country.
It should be noted that the facts of trademark registration are often revealed not only in the main class of the MCTU, but also in other classes of products and services. As well as the facts of registration of trademarks in transliteration - made in Chinese or Latin letters.
Taking into account these facts, the protection of its own trademark becomes a difficult task for an enterprise with a high budget, while it is impossible to guarantee a positive result of such disputes.
As a result of the analysis , possible solutions are reduced to three options:
To carry out the actions necessary to cancel the registration for the current applicant with further registration of the trademark for the company.
Develop a new trademark (brand) and bring it to the market.
Leave the situation as it is.
Based on the experience of working with the Chinese market, we can say that trademarks made in Chinese characters and Latin letters are more in demand. This is due to the fact that when promoting products in retail chains or on marketplaces, it is required to provide information about products, trademarks in Chinese or English. To do this, enterprises also need to determine the name of the trademark in Latin letters and Chinese characters.
The Agency provides comprehensive services to provide information and assistance in the registration and protection of trademarks in foreign countries, including the implementation of measures for the return of seized trademarks.
Additionally, in terms of working with intellectual property, the Agency can offer the following services:
providing information about the trademark protection strategy, estimating the required time and budget;
assistance and provision of information on actions necessary for the protection and registration of trademarks, the return of seized trademarks through an accredited patent attorney in the country of destination;
providing information about the trademark of interest, regarding the possibility of protection in the selected market and actions leading to violation of the owner's rights, including violations on marketplaces and on the Internet.
If you are interested in the services or in consultation, you can get detailed information from the contact person by phone number, or by making a request to the email address certhelp@eximagency.by . Contact phone: +375 (17) 289-47-37.
