Reasons for you to consider a Chinese trademark

I am not going to say everyone needs a Chinese trademark, but if you satisfies any of the conditions below, you should definitely consider a trademark in China.

1.       If you work with an OEM partner in China, it is critical to consider a trademark

A lot of our clients work with OEM partners in China.  Some clients will register trademark in China even prior to the cooperation starts, while signing strict NNN and NDA with the partner.  But there are other clients not aware of trademark protection in China – I met several times the OEM partner registered the trademark of the client – in this case, client has to spend time and cost to initiate legal actions against the OEM partner.  Do not assume the partner will feel afraid if you threaten him you will terminate the business relationship with him, if they are the few options you have to make the products, you are the weak side.

You may say the product is made in China but directly sold outside of China.  But you need to be aware A. Chinese Supreme Court confirmed in several cases foregoing use is also infringing, thus you cannot ask other OEM producers to make your product; B. the OEM partner is the owner of the brand so he may sell your brand in China in a legitimate way.

Check if you are already facing the problem here.

What if your partner has registered your trademark in China?

2.       If you will sell your products in China, it is necessary to consider a trademark

Chinese custom will regularly check whether you have a trademark in China.  Chinese main e-commerce platforms, i.e. tmall.com, jd.com, tiktok all require trademark as prerequisite to sell.  Even the supermarkets will require trademark.

3.       If you do not want a third party to use your brand in China, it worth considering a trademark

You may be famous and successful in your country, but not in China.  In this case, registration of your trademark is legally Ok, unless you are the so called “famous trademark” in China, which is very rarely recognized in China.  So it makes sense you have your own trademark to preclude others from registering and using your trademark in China.