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Do I need to trademark in China

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Do I Need to Trademark in China?

As a Private Label seller on Amazon, you probably understand the importance of having a US trademark for your brand.
Today, many Amazon Private Label sellers, rush to register their brand for US trademark, mainly to enjoy the benefits that the platform provides for Amazon Brand Registry accounts.
But… have you ever wondered what will you benefit from having a trademark in China? Should you consider a China trademark registration for your tradename, logo, and your service marks?

Let’s start from the beginning…

What is a Trademark?

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Th trademark owner can be an individual, business organization, or any legal entity.
Common examples are the company’s name, product name, logo or illustration associated with the company / brand.

Why China trademark registration is important?

Most eCommerce traders manufacture their products in China.
They go through the whole R&D process with their Chinese supplier, and share with him their unique ideas, that meant to differ themselves from other competitors on the market.
Thus, any trader might find himself one day in a situation where a local Chinese supplier has recognized his success on Amazon, or any other eCommerce platform, and has “taken over” his brand.
This local supplier can register a trademark in China on your brand name and become the rightful owner of the brand in China. In case you wondered… yes, it is completely legal.
Even though you are the real, authentic creators of this brand, and you worked so hard to come this far and taste success, you are now exposed to committing an offense and paying more for a brand that you have established.

But I already have a US trademark, does it not protect me in China as well?  

The answer is NO!
Trademarks are territorial rights and unfortunately, there is no international registry that provides protection worldwide;
meaning, you must register in any country in which you want to protect your brand.
So, if you have a US trademark – you are protected in the US, but in China…. You’re not!

Suppose you have merchandise in China and now you want to export it to the US.
The intellectual property of this commodity now belongs to the same local supplier who registered your brand in China, under his name.
Here are few of the scenarios you may face when you’ll try to export your goods:

  • You will have to reach a signed agreement with the supplier and pay him so that you can export the goods from China.
    Otherwise, you will experience a delay in the export of the goods and even in its confiscation.
  • You will not be able to use the brand in China unless the supplier agrees to sell you the trademark and chances are it will be far more expensive than it would have cost you to make the registration yourself from the first place.
  • The same supplier will use your photos, counterfeit your products, and sell them under the brand name

China Trademark Registration, along with your US Trademark, will give you peace of mind, control of all the above situations,
and few more benefits that you did not even think of.

Benefits of China Trademark Registration

  1. Any factory or manufacturer will not be able to export your products from China customs without paying and reaching an
    agreement with you first.
  2. You will be able to sell your product and/or prevent its sale in China
  3. You can get quick royalties from factories that will try to use your trademark on various websites and to easily block them.
  4. Block any use made with your trademark, even without your knowledge, by creating a statement on China’s warehouse computers.
  5. Block the improper use of certificates from different factories by transferring a generic brand in tests.
    Your certificate documents will only be yours!

How much China Trademark Registration cost?  

Prices for registration range from $ 400 to $ 1200 and vary according to the number of items in the category, quantity,
and type of categories that the trademark requires.

How to trademark in China?

Contact us on +97288602525 or send us an email to info@gameongroupasia.com and we’ll take care of you from there.

We will explain you the process and walk you hand in hand until you receive your trademark approval.
We have joined forces with a local law firm located one meter from our offices in China, and together we have been registering
trademarks in China for over 6 years.

We know how to anchor your rights in China. Our team is qualified, professional, has 95% success, and has already helped hundreds of
traders to successfully register trademarks in China.

The most important thing is that you do it with a good lawyer who will do it right.

Make sure that the lawyer you choose specialize in China Trademarks Registration!

Trademark registration in China is different from the trademark registration process in the US and other countries.
It is important that you take a lawyer who is an expert in Chinese laws, and will be able to check if it is even possible to register your
tradename before he charges you.
This way you will spare yourself the disappointment of starting the registration process, only to find out that your tradename
has already been taken, or to find out that there is a competition on the tradename you want, but your lawyer can’t help you solve this problem.

Best of Luck!

*The content of this article is a collection of daily tips from the leading Facebook group

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