This is not a happy scene. You have chosen your partner in China, wishing he will produce the best products for you to sell in China, but he registered your brand in China!
So what would be a good strategy to deal with this kind of strategy? Here are my suggestions:
1. Do not rush to
negotiate, talk when your own application has been filed
As you have a business relationship with your partner, you may want to negotiate with him to solve the issue. But don’t be in a rush, I would suggest you to file your own application before you talk with your partner. The reason is clear, if you rush to your partner but the partner file new applications, you will have to deal with more than one trademark – this will increase your fees and cost on time – early filing will help you exclude this kind of possibility.
2. In a positive case, let
him transfer, not withdraw
In a positive case, your partner may agree to solve the issue. Let him transfer the trademark to you would be better than withdrawing the trademark because there might be similar trademark filed after his trademark – a transfer will be safer.
3. In a negative case, be
prepared to fight
If your partner refuses to cooperate, then you may consider to file objection or invalidation procedure against your partner. Chinese trademark law clearly provides you may file objection or invalidation in case anyone having business relationship or contractual relationship applies your trademark. The whole procedure will usually take 12 months.
Anyway, applying the trademark as early as
possible is still the most recommended option.
But if you are facing the situation, in most of the time, talk with me, the issue
could be solved.
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