MOKPOON-Trademarks

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Areas of Practice-Trademark Matters

1.Trademark Registrations in China

China is a first-to-file jurisdiction for trademark registration, which means a registration creates the necessary legal basis to proceed against counterfeiters in China. The importance of registration is paramount, as the China legal system provides practically no possibility of taking action against infringers if one's own IP rights are not legally protected in China. It is dangerous to use a mark but not register it in China, for in case any third party preempts the trademark by earlier filing, years can be lost in senseless legal battles.

In china, as with the rest of the world, the trademark is not registered in blanket fashion, it is registered in respect of particular goods and/or services. Goods and services are grouped into 45 classes according to their nature, function or usage or production and services. China currently follows Ninth Edition of Nice Classification for goods and services. It is impossible to file a "multi-class" application in China by far;

It currently takes about 11-12 months for a straightforward trademark application from filing to grant; and duration of validity for a registered mark lasts ten years and renewable.

2.Trademark matters in Hong Kong, Macau and Taiwan

Hong Kong, Macau and Taiwan are actually following different jurisdictions for trademark registrations other than Mainland China, if clients would like to register trademarks in those three territories, please kindly note that separate and independent trademark application should be filed before each office. Relevant information is available upon request.

3. Trademark litigations

MokPoon represents clients in lawsuits relating to copyright and trademark matters during either administrative or civil litigations, including but not limited to the followings, apply for preliminary injunction, institute an action, draft and file the petition with the court, prepare and submit to the court evidences and relevant documents, and court appearances etc.

(Please feel free to contact us at mail@mokpoon.com for any trademark matters.)