A trademark can be one of the biggest competitive advantages that a company has, and when you are dealing with any business partners, including those in China, it is important to take the necessary steps to protect yourself.
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How to protect your trademark in china
1. HOW TO PROTECT YOUR
TRADEMARK IN CHINA
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A trademark can be one of the biggest competitive advantages that a
company has, and when you are dealing with any business partners,
including those in China, it is important to take the necessary steps to
protect yourself.
It is common in China for a distributor to try and take your trademark,
but it is fairly easy to prevent if you take the appropriate steps and
actions. If you are looking to expand to China through a distributorship
or a firm contacts you regarding this it is important that you take time
to set up a contract, trademark, and licensing agreement as necessary.
While you may not need all of these steps to get started, before you
make any sort of deal it is very important to get a working contract in
place and then go from there.
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Whenever you are making a business deal, there should be a contract in
place.
This will serve to, at the very least, protect your reputation and
minimize the legal exposure of your company to the distributor’s
clients, if they were to produce an inferior product that uses your
likeness and brand awareness to move sales.
Once you have the appropriate contract in place, take time to ensure
that it is filed with the appropriate government and regulatory
agencies, as to give it the validity required to stand up in the legal
system if it comes to that.
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Often a distributor in China may look to register your trademark under
their own company so that they do not have to pay your organization
any sort of royalties.
Therefore, it is easier and faster to file for a proper trademark at the
same time as you are setting up the distributorship and contract, than
to try and fight them after the fact.
Getting all of the paperwork and agreements in place may seem like a
hassle that slows down the opportunity, all of this is crucial to have in
place if any problems arise in the future.
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By taking the time to set up the appropriate contracts, file for
trademark, and then enforce strict licensing agreements, you can make
sure that you have legal recourse and heavily dissuade the Chinese
companies from using your likeness improperly.
It is important to take these necessary steps to protect your trademark
in any market, but China has a reputation of circumventing trademarks,
so it is evermore important to make sure that all of your documents and
agreements are in force.
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