Confront Trademark Infringement with A China Trademark Registration
Not everyone is as innovative and creative as entrepreneurs, and not everyone is as honest as a child. Every now and then, designers and creators alike, such as yourself, come up with unique pieces of works – products molded by your genius. These products named under your choice of brand. But, for every treasure a thief lurks to steal for money or for fame. You reserve every right to guard what is rightfully yours. That’s where trademark comes in, a substantial form of your intellectual property which you can protect.
A trademark is your trade name or brand. It is what symbolizes your product and identifies it from the rest of the goods and services in the market. These are normally found on the packaging and / or labels of your products, but often times it is found on the product itself. Your trademark gives you exclusivity for your products and services and prevents others from stealing or copying your brand. Although there are still cases of trademark infringement, especially in other countries like China.
It is not enough to have that service mark because an unregistered trademark may permit you to take action but it does not guarantee full protection. Keep in mind that for every brand, always register a trademark. A registered trademark, in both your hometown and in China, allows you several advantages over those that aren’t. A China trademark registration provides you support on the protection of your trademark even well beyond your primary geographic area and go nationwide in China.
Although having a registered trade name does not mean you are immune to trademark infringement (no brand ever is), but a registered mark boosts your claims on its ownership. Your registered trademark will allow you to take on an infringer and bring him / her to court since the registration of your trade name makes it incontestable. Not only that, but taking on a trademark infringement with a registered mark charges the infringer with a fine for the damages inflicted.
So what really is trademark infringement and what amounts to it? The use of a brand name without the consent of the trademark owner is a violation of a person’s exclusive rights. This is referred to as trademark infringement. The logo or symbol manipulated may not necessarily have to be the same for as long as its similarity is confusingly identical to the trade name with relation to the products and services dealt with by the registered trademark then it will still be considered infringement.
The bases of such are not always measured by the definite consumer confusion. A criterion is also provided by the Court to gauge the chances of confusion. These include:
- Influence of the brand name
- Proximity of the products
- Resemblance of the marks
- Substantiation of the confusion
- Marketing outlets employed
- Defendant’s objective in pursuing the mark
As a result, this brings us back to the China trademark registration to help in dealing with a possible trademark infringement. Now, what should your course of action be to counter this kind of situation?
Simple – start with a consultation. Ask for a legal advice from lawyers specializing in trademark practices. CTPLO.com can provide you with these law experts for a proper assessment of your infringement confrontation. Taking this precautionary step prevents you from taking action on false accusations, in actuality, because even trade names without a China trademark registration are still protected by the law.
Send a letter. After the confirmation of an infringement from your legal consultant, you may then compose your warning letter. The letter should point out that you are conscious of the infringement and alarming action. This will notify the infringer of the possibilities of a trial for his / her transactions. For certain cases, the infringer may reply with a positive response and inform you of his / her discontinuation of the infringement, saving you the time, money and effort of litigation.
Filing a complaint. For much needed back-up, if the infringer does not stop, you may file a complaint to the State Administration of Industry and Commerce (SAIC) since they have the authority to inspect your infringement claims and penalize the offender. This is done by seizing the defendant’s products and enforcing a fine. While penalty is not all that great, this option is a relatively low-cost and fast motion for your problem.
Instigate court proceedings. You may opt to skip the second step and go straight for the lawsuit or you may be obligated to take this step anyway. Instigating a court proceeding is the most effective way to approach an infringement. This will merit the infringer higher fines and the verdict may be published for the public to be made aware.
Having known all the counteracting methods, it is still better to take preventive actions and constantly monitor your brand name in the market. After all, precaution is better than cure.
I am Gabrielle Nicolette Roales. I work with China Trademark and Patent Law Office at ctplo.com as a content writer. I am very much inclined to social governance in relation to commerce. I love to read and improve my knowledge about the different civil laws of various countries and how these laws can be taken into practice.