Trademark Registration (China & HK & International)
The validity period of a trademark generally depends on the relevant laws or the provisions at the time of registration. In many countries, the validity period of a registered trademark is 10 years. However, the holder can extend its validity period by undergoing a renewal procedure before the expiration of the trademark, usually on a cycle of 10 years.
A trademark is a distinctive sign used to distinguish the source of goods or services. It can include words, graphics, letters, numbers, color combinations, sounds, and any combination thereof.
The core function of a trademark is to identify and differentiate the source of goods or services. It helps consumers recognize and trust the products or services of a particular brand, thereby establishing a unique brand image in the market. Trademarks are legally protected; the holder of a registered trademark has the exclusive right to use the trademark and can prevent others from using identical or similar trademarks on the same or similar goods or services.
Trademark Search and Assessment Availability Analysis:
We conduct a preliminary search for trademark availability to check for any existing or pending trademarks that are identical or similar to the one intended for registration, reducing registration risks. Legal Advice: Based on the search results, we provide professional legal advice on whether to proceed with the application and potential risks involved.
Trademark Application Preparation and Filing Document Preparation:
We assist clients in preparing necessary application documents, including trademark samples, applicant information, and categories of goods or services. Application Filing: We represent clients in submitting trademark registration applications to relevant trademark offices (such as the National Intellectual Property Administration, WIPO, etc.).
Trademark Opposition and Defense against Opposition Monitoring Oppositions:
During the trademark announcement period, we monitor for any third-party oppositions. Opposition Defense: In case of opposition, we assist clients in preparing and submitting documents for opposition defense.
Assistance in Trademark Licensing and Transfer Licensing Agreements:
If clients wish to license their trademark to others, we can assist in negotiating and drafting licensing agreements. Transfer Process: We provide assessment, negotiation, and document preparation services during the trademark transfer process. Consulting Services and Training
Success in Trademark Registration Professional Consulting:
We offer consulting services regarding trademark laws, strategies, and best practices.
01 Lack of Exclusive Rights to the Trademark
Trademarks are unique and exclusive; without registration, a company does not have exclusive rights to its trademark. If you invest heavily in advertising to gain consumer recognition, but fail to register the trademark, others can also use your brand. This shared usage undermines the basic function of indicating the source of goods and adversely affects the quality and reputation associated with the trademark. Only after registration does no one else have the right to use the same or similar trademark for promotion of similar products.
02 High Risk of Registration by Others
According to the “Trademark Law,” trademark registration follows the principle of “first-to-file.” If someone else registers your trademark before you do, they have the right to stop you from using it, and all the influence gained from your initial promotional efforts will belong to them.
03 Easier Infringement of Others’ Rights
If your unregistered trademark is found to be the same as or similar to another party’s previously applied-for trademark during use, you would be infringing on their trademark rights.
04 Cannot Become an Intangible Asset
Unregistered trademark users do not have exclusive rights to their trademarks, lack legal protection, and cannot form industrial property rights, hence they also cannot become the user’s intangible assets. In a highly competitive market, companies should not only focus on products and services but also pay attention to protecting their brands, learning to use legal weapons to protect their rights from infringement. It is crucial to register trademarks promptly.
As a business owner, applying for a trademark is crucial to protect your brand and intellectual property. However, the process can be complex and time-consuming.Solutions consulting plays a crucial role in ensuring your success by providing expert guidance and strategies to navigate the complex process of trademark application, helping you protect your brand, enhance market credibility, and pave the way for business growth.
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Solutions believe in the “Real Partner” philosophy
Solutions blends its history and experience with a “next-generation” worldview to build enduring client relationships based on delivering real results. The company aims to create a passionate, high-quality professional team to provide business consulting services for Chinese and foreign people
