With the development of the Chinese economy, more and more Chinese corporations began to exploit the international market. They sold their products all over the world without considering intellectual property protection.

 

After several years, however, many of them suddenly found that their trademarks were registered by others in the regions where their products sold. The trademark grabber might be an agency, a competitor from China or another third party. These companies had to face an embarrassing situation. They could either reach an agreement with the trademark grabber by paying royalty fees, change their trademarks or try to get the trademark back by providing evidence of prior use.

 

To avoid trademark grabbers, Chinese companies might want to consider some basic advice. Companies should reserve the following evidence of prior use:

 

The date your trademark was first used on your goods/services in that area;

 

How widely used your trademark has been in that area;

 

Annual sales/turnover figures of the goods/services traded under your trademark in that area;

 

Annual advertising or promotional expenses for the goods/services provided under your trademark in that area;

 

Examples showing how your trademark has been used (these are referred to as "exhibits", for example, copies of sales brochures, advertisements, samples of packaging for your goods or letterhead).

 

The related contract with the agency, the Export Declaration, receipt and any other materials of business.

 

Any other information that may assist in establishing that your trademark has been used in that area.

 

The author is partner and attorney at law of the Intellectual Property law firm Unitalen. The views expressed in the article are his own.

 

 

 

(China Daily 04/06/2009 page11)

                                                                                                                  2009-04-07