What should Taiwanese companies pay attention to when it comes to trademark protection in mainland China? How do Taiwanese companies maintain and protect mainland trademarks? Professional trademark lawyers on both sides of the Taiwan Strait tell you!

When Taiwanese companies enter the mainland market, trademark protection is a crucial aspect. Competition in the mainland market is fierce. As an important asset of a corporate brand, trademarks need to be properly protected to prevent infringement and trademark disputes. The following are six key points that Taiwanese companies should pay attention to when protecting their trademarks in the mainland:

Apply for trademark registration early

Trademark registration is the first line of defense for corporate brand protection. Especially when entering the international market, it is particularly important to apply for trademark registration as early as possible. Here’s why it’s important to apply for trademark registration early, along with specific steps and considerations.

1. Prevent squatting and infringement

Mainland China operates a "first-to-file, first-served" trademark system, which means that anyone can register an unregistered trademark, even if the trademark is already used in other regions. Therefore, if a Taiwanese company fails to apply for trademark registration in the mainland as early as possible, it may face the risk of being registered first by others. Once a trademark is preemptively registered, the company will not be able to use the trademark in the mainland market, and may even face infringement lawsuits, causing huge economic losses and reputational damage to the company.

2. Ensure brand consistency

Applying for trademark registration early can help ensure brand consistency around the world. With the international development of enterprises, a unified brand image is crucial to enhance market awareness and consumer loyalty. In the mainland market, registered trademarks are the legal basis for corporate brand protection. Early registration can ensure the legal use and promotion of the brand in the mainland market.

3. Improve market competitiveness

Applying for trademark registration early can improve the competitiveness of enterprises in the market. A registered trademark is not only the legal protection of the brand, but also an important asset for the company to carry out marketing and product promotion. Companies with registered trademarks have more trust in the market and can attract more consumers and business partners, thus improving market competitiveness.

4. Reduce legal risks

Trademark registration is an important measure for legal protection. Early registration can reduce the legal risks of enterprises in the mainland market. Unregistered trademarks can easily be counterfeited or registered by others, putting companies at a disadvantage in legal disputes. Registering a trademark can provide a legal basis so that companies can effectively safeguard their rights and interests when facing trademark infringement disputes.

5. Application process and precautions

When applying for trademark registration in mainland China, Taiwanese companies need to understand and follow the following procedures and precautions:

• Trademark search: Before applying for a trademark, you should conduct a trademark search to ensure that the trademark being applied for has not been registered by others. This helps avoid rejection of applications based on similar or identical trademarks.
• Trademark classification: Select the appropriate category of goods and services. Mainland China adopts international classification, with a total of 45 categories, which should be selected according to the business scope of the enterprise.
• submit application: Prepare a trademark registration application and submit it to the State Intellectual Property Office. The application should include a sample of the trademark, applicant information, and scope of trademark use.
• Reviews and Announcements: After submitting the application, the Trademark Office will conduct formal examination and substantive examination. After passing the review, the trademark will enter the announcement period and be open to objections.
• Registration Approval: If there is no objection or the objection is not established during the announcement period, the trademark will be approved for registration and a trademark registration certificate will be issued.

in conclusion

Applying for trademark registration early is a key measure for Taiwanese companies entering the mainland market to protect their brands, enhance competitiveness and reduce legal risks. Enterprises should conduct trademark searches and classification selections in advance, and submit registration applications in accordance with mainland China’s trademark application process. It is recommended that enterprises seek the assistance of professional lawyers or intellectual property consultants during the trademark registration process to ensure the smooth progress and effective protection of trademark registration.

Comprehensive coverage of goods and service categories

In today's increasingly fierce global market competition, trademark registration is not only an important measure for corporate brand protection, but also a key strategy to enhance market competitiveness. For Taiwanese companies entering the mainland market, trademark registration that comprehensively covers goods and service categories is particularly important. Here are the steps and considerations why it’s important to have comprehensive coverage of your goods and services categories.

1. Prevent trademark infringement and squatting

Mainland China operates a "first-to-file, first-served" trademark system, which means that anyone can register an unregistered trademark, even if the trademark is already used in other regions. When registering a trademark, an enterprise should take into account possible future business expansion and diversified development, and comprehensively cover relevant goods and service categories. This can effectively prevent competitors or criminals from registering similar or identical trademarks in other categories, thus avoiding legal disputes caused by trademark infringement.

2. Protect the company’s diversified business

A company's business scope is often not limited to a single category. As a business continues to grow, it may enter new markets or launch new products and services. Trademark registration that comprehensively covers goods and service categories can provide strong legal protection for a company's diversified businesses and ensure the consistency and legitimacy of the brand in various business fields.

3. Enhance brand value and market awareness

Trademarks are important assets of a company. Their value is not only reflected in legal protection, but also in market recognition and brand influence. Trademark registration that comprehensively covers goods and service categories can enhance the brand's influence in the market and enhance consumers' awareness and loyalty to the brand. This is of great significance for corporate marketing and product promotion.

4. Reduce future legal risks

Trademark registration that comprehensively covers goods and service categories can effectively reduce the legal risks that companies may face in the future. If an enterprise only registers a trademark in a single category and expands it to other categories in the future, it may face the risk of being registered or infringed by others. Comprehensive registration can lock in the brand’s legal status in various categories in advance and avoid future legal disputes.

5. Trademark classification and application process

When applying for trademark registration in mainland China, companies need to understand and follow the following procedures and precautions:

• Trademark search: Before applying for a trademark, you should conduct a trademark search to ensure that the trademark being applied for has not been registered by others. This helps avoid rejection of applications based on similar or identical trademarks.
• Choose category: Select appropriate categories of goods and services based on the business scope of the enterprise. Mainland China adopts international classification, with a total of 45 categories. Enterprises should choose based on their current and possible future businesses.
• submit application: Prepare a trademark registration application and submit it to the State Intellectual Property Office. The application should include a sample of the trademark, applicant information, and scope of trademark use.
• Reviews and Announcements: After submitting the application, the Trademark Office will conduct formal examination and substantive examination. After passing the review, the trademark will enter the announcement period and be open to objections.
• Registration Approval: If there is no objection or the objection is not established during the announcement period, the trademark will be approved for registration and a trademark registration certificate will be issued.

in conclusion

Trademark registration that comprehensively covers goods and service categories is a key measure for Taiwanese companies entering the mainland market to protect their brands, enhance competitiveness, and reduce legal risks. Enterprises should conduct trademark searches and classification selections in advance, and submit registration applications in accordance with mainland China's trademark application process. It is recommended that enterprises seek the assistance of professional lawyers or intellectual property consultants during the trademark registration process to ensure the smooth progress and effective protection of trademark registration.

Continuously monitor trademark infringements

In the mainland market, trademarks are an important asset of a company. They not only represent the company's reputation and brand value, but are also a powerful weapon for the company in market competition. Once a trademark is successfully registered, companies need to continue to monitor possible trademark infringements in the market so as to fully protect their legitimate rights and interests. The importance of continuous monitoring of trademark infringement and its specific measures will be explained in detail below.

1. Protect brand reputation

Trademark infringement not only damages the economic interests of enterprises, but also has a serious impact on brand reputation. If counterfeit or similar trademarks appear on the market, consumers may be confused about the company's products or services, leading to a decrease in trust and even unnecessary consumer disputes. By continuously monitoring trademark infringements, companies can detect and respond to infringements in a timely manner and protect their brand reputation from damage.

2. Maintain market competitiveness

Trademark is an important competitive advantage of a company in the market. When competitors or criminals infringe and use a company's trademark, it will not only weaken the company's market position, but may also seize the company's market share. Continuous monitoring of trademark infringements will help companies take timely legal action to maintain their market competitiveness and ensure that market share is not eroded.

3. Prevent the risk of infringement

Continuously monitoring trademark usage in the market can help companies prevent potential infringement risks. When an enterprise discovers that a logo that is similar or identical to its own trademark appears on the market, it can promptly take preventive measures, such as sending a lawyer's letter, filing an objection or filing a lawsuit, etc., thereby reducing the damage caused by the risk of infringement to the enterprise.

4. Improve legal protection

The protection of trademarks after registration is not once and for all. Enterprises need to continue to pay attention to the use of trademarks in the market to improve legal protection. Continuous monitoring of trademark infringement can help companies collect evidence and provide strong support for possible future legal actions. In this way, when the company needs to file a lawsuit or take other legal action, it can provide sufficient evidence support and increase the possibility of winning the lawsuit.

5. Implement specific measures for continuous monitoring

In order to effectively monitor trademark infringement, companies can take the following specific measures:

• market survey: Conduct regular market surveys to understand whether there is any infringement of corporate trademarks in the market. This can be done through offline market visits and online e-commerce platform monitoring.
• Trademark search: Conduct trademark searches regularly to check whether there are new trademark applications that are similar or identical to the corporate trademark. This can be searched through the Trademark Office’s public database.
• Consumer Report: Establish a consumer reporting mechanism to encourage consumers to provide timely feedback to companies when they discover counterfeit products or trademark infringements.
• lawyer assistance: Hire professional lawyers or intellectual property consultants to assist companies in monitoring and handling trademark infringements to ensure the effectiveness of legal actions.
• legal action: Once a trademark infringement is discovered, the company should take prompt legal action, such as sending a lawyer's letter, raising an objection or filing a lawsuit, to safeguard its legitimate rights and interests.

in conclusion

Continuous monitoring of trademark infringement is an important measure to protect corporate brands, maintain market competitiveness and improve legal protection. Enterprises should take a variety of specific measures such as market surveys, trademark searches, consumer reports, lawyer assistance, and legal actions to ensure the legal use and effective protection of trademarks in the market. It is recommended that enterprises seek professional lawyers or

Regularly update trademark registration

Trademark registration is an important means to protect corporate brands and intellectual property rights. However, trademark registration is not a one-time operation but requires regular updating and maintenance. Regularly updating trademark registration can ensure that the company continues to have the legal right to use the trademark and prevent others from infringing upon the trademark. The importance of regularly updating trademark registration and its specific steps will be explained in detail below.

1. Maintain the legal validity of the trademark

Trademark registration is usually valid for 10 years and needs to be renewed after expiration. If the company fails to renew within the stipulated time, the trademark will become invalid, resulting in the company losing the exclusive right to use the trademark. Regularly updating trademark registration can ensure that the legal effect of the trademark is uninterrupted and protect the legitimate rights and interests of enterprises in the market.

2. Prevent trademark squatting

Once a trademark expires, other companies or individuals may rush to register the trademark, causing the company to no longer be able to use the trademark. This will not only cause damage to the company's brand image, but may also lead to market confusion and customer loss. By regularly updating your trademark registration, you can effectively prevent your trademark from being registered by others and safeguard your company's brand rights.

3. Maintain brand value

Trademark is an important intangible asset of a company, representing its reputation and brand value. Regularly renewing trademark registration can ensure that the company continues to have the exclusive right to use the trademark, thereby maintaining the stability and growth of brand value. This is of great significance to the competitiveness of enterprises in the market.

4. Comply with legal requirements

The trademark laws of various countries have clear regulations on trademark renewal and maintenance. Enterprises must comply with relevant legal requirements and renew trademarks in a timely manner. Failure to promptly update your trademark registration may result in legal disputes and financial losses. Regularly updating trademark registrations can ensure that businesses comply with legal requirements and avoid unnecessary legal risks.

5. Operation steps

In order to ensure the smooth renewal of trademark registration, enterprises should take the following specific steps:

• Prepare in advance: Before the trademark registration expires, start preparing renewal materials 6 to 12 months in advance. This includes checking trademark usage, determining renewal intentions, preparing relevant documents, etc.
• submit application: Submit a renewal application to the Trademark Office in accordance with the trademark regulations of the country where you are located. Application documents usually include renewal application form, trademark use certificate, renewal fee, etc.
• Pay fees: Pay trademark renewal fees in accordance with regulations. Renewal fees vary in different countries, and companies should prepare funds based on specific circumstances.
• Tracking progress: After submitting the renewal application, enterprises should pay close attention to the progress of the application and respond to the Trademark Office’s requirements in a timely manner to ensure that the renewal procedures are successfully completed.
• Archive management: After the renewal is completed, the company should properly archive the relevant documents and update the trademark management system for future inquiry and management.

in conclusion

Regularly updating trademark registration is an important means for enterprises to protect their brands and intellectual property rights. It can ensure the legal effectiveness of trademarks, prevent trademarks from being registered, maintain brand value, and comply with legal requirements. Enterprises should prepare in advance, submit renewal applications in a timely manner, pay fees, track progress and properly manage relevant documents to ensure the smooth completion of trademark renewal procedures. It is recommended that enterprises seek the assistance of professional lawyers or intellectual property consultants during the trademark renewal process to improve renewal efficiency and legal protection.

Adopt a defensive registration strategy

In an increasingly competitive environment in the global market, companies must take effective measures to protect their brands and intellectual property rights. Defensive registration strategy is one of the important means for enterprises to protect trademarks. By registering trademarks in potential markets and related fields in advance, enterprises can effectively prevent trademark infringement and market confusion and ensure the stable development of their own brands. The importance of adopting a defensive registration strategy and its specific steps will be explained in detail below.

1. Prevent trademark infringement and market confusion

Defensive registration strategies are designed to prevent other businesses or individuals from registering similar or identical trademarks in the same or related markets. This not only avoids trademark infringement, but also prevents market confusion and protects the company's brand reputation and market share. By registering trademarks in advance, companies can effectively prevent competitors from using similar trademarks to engage in unfair competition.

2. Expand brand influence

Adopting a defensive registration strategy can help companies expand their brand influence in potential markets and related areas. By registering trademarks in different countries and regions, companies can enhance their brand's global visibility and attract more potential customers and partners. This is of great significance to the competitiveness of enterprises in the international market.

3. Improve brand protection

A defensive registration strategy can improve the protection of your corporate brand. Enterprises can register similar or related trademarks in relevant goods and service categories to prevent others from using similar trademarks to commit infringements. In this way, companies can effectively protect their core brands and ensure that brand value is not compromised.

4. Save future legal costs

By adopting a defensive registration strategy, businesses can save significant legal costs in the future. Once trademark infringement or market confusion occurs, companies can rely on registered trademarks to defend their legal rights and avoid expensive and time-consuming trademark disputes and litigation. This helps companies focus resources on business development and market expansion.

5. Operation steps

In order to ensure the smooth implementation of defensive registration strategies, enterprises should take the following specific steps:

• market research: Conduct research on potential markets and related fields, understand local trademark registration requirements and market competition, and determine the scope of trademarks that require defensive registration.
• Select registration category: Based on the business scope and market demand of the enterprise, select appropriate categories of goods and services for trademark registration. Ensure that the registration category covers all relevant areas that the business may be involved in.
• Apply for registration: Submit a trademark registration application to the trademark office in the target market and ensure that the application documents comply with local laws and regulations. According to the requirements of different countries, prepare corresponding registration materials and pay registration fees.
• Check and update regularly: Regularly check the trademark registration status to ensure the validity of the trademark registration. Renew and update trademarks in a timely manner as necessary to maintain the legal validity of trademarks.
• legal protection: Once trademark infringement or market confusion is discovered, companies should immediately take legal action to safeguard their rights. When necessary, seek the assistance of professional lawyers or intellectual property consultants to enhance legal protection.

in conclusion

Adopting a defensive registration strategy is a key means for companies to protect their brands and intellectual property rights. By registering trademarks in potential markets and related fields in advance, companies can prevent trademark infringement and market confusion, expand brand influence, improve brand protection, and save future legal costs. Enterprises should conduct market research, select registration categories, apply for registration, regularly check and update trademark registrations, and take legal maintenance measures to ensure the effective implementation of defensive registration strategies. It is recommended that enterprises seek the assistance of professional lawyers or intellectual property consultants during the defensive registration process to improve registration efficiency and legal protection.

Protect rights in accordance with the law and actively respond to trademark disputes

Trademarks are an important asset of a company's brand, and can effectively distinguish the company's goods or services from those of other competitors. As market competition becomes increasingly fierce, trademark infringement and disputes have become issues that companies cannot ignore. In order to protect the legitimate rights and interests of enterprises, enterprises should safeguard their rights in accordance with the law and actively respond to trademark disputes. This article will discuss in detail how to safeguard rights according to law and propose specific strategies for dealing with trademark disputes.

1. Understand legal regulations

Before companies protect trademark rights, they should first understand the relevant legal regulations. Different countries and regions have different legal provisions on trademark protection, and companies need to be familiar with local trademark laws and related legal provisions. In this way, in the event of a trademark dispute, you can safeguard your rights in accordance with the law and protect your legitimate rights and interests.

2. Establish a sound trademark management system

Enterprises should establish a complete trademark management system and conduct comprehensive management of the use and protection of trademarks. This includes trademark registration, renewal, usage monitoring, infringement detection and other aspects. By establishing a sound management system, companies can discover trademark infringements in a timely manner and take appropriate measures to safeguard their rights.

3. Take aggressive legal action

Once trademark infringement is discovered, companies should take active legal actions to safeguard their rights. This includes issuing a lawyer's letter to the infringer, filing a trademark infringement complaint with the Trademark Office, filing a trademark infringement lawsuit in court, etc. By taking proactive legal actions, companies can effectively combat trademark infringement and safeguard their legitimate rights and interests.

4. Seek professional legal support

Trademark rights protection involves complex legal issues, and companies should seek professional legal support. Professional lawyers or intellectual property consultants can provide professional legal advice, help companies formulate rights protection strategies, and provide legal support in trademark disputes. This can improve the efficiency and success rate of trademark rights protection and protect the legitimate rights and interests of enterprises.

5. Collect and preserve evidence

When defending trademark rights, evidence is very important. Enterprises should collect and preserve evidence related to trademark infringement, including samples of infringing goods or services, advertisements, transaction records, photos or videos of infringing acts, etc. This evidence can provide strong support in the process of trademark rights protection and help the court or the Trademark Office make a judgment in favor of the enterprise.

6. Maintain trademark reputation

During the trademark dispute process, companies should focus on maintaining trademark reputation. This includes maintaining a good image of the trademark in public places, publishing positive information through the media and social platforms, and explaining trademark disputes to consumers and partners. By maintaining trademark reputation, companies can take the initiative in trademark disputes and gain more support and trust.

7. Develop preventive measures

In addition to actively responding to trademark disputes, companies should also formulate preventive measures to prevent trademark infringement from occurring. This includes strengthening the monitoring of trademark use, regularly checking the use of trademarks in the market, and promptly discovering and handling potential infringements. By formulating preventive measures, companies can prevent trademark disputes in advance and protect their brand assets.

in conclusion

Protecting rights in accordance with the law and actively responding to trademark disputes are important means for enterprises to protect brand assets. Enterprises should understand relevant legal norms, establish a complete trademark management system, take active legal actions, seek professional legal support, collect and preserve evidence, maintain trademark reputation, and formulate preventive measures. Through these measures, companies can effectively combat trademark infringement, protect their legitimate rights and interests, and ensure the long-term and stable development of their brands.

in conclusion

Trademark protection is an important aspect that Taiwanese companies cannot ignore when operating in the mainland market. By applying for trademark registration early, comprehensively covering goods and service categories, continuously monitoring the market, regularly updating registration, adopting defensive registration strategies, and safeguarding rights in accordance with the law, trademark rights and interests can be effectively protected and market competitiveness enhanced. It is recommended that Taiwanese companies seek the assistance of professional legal advisors in trademark protection in the mainland market to deal with the complex legal environment and potential trademark disputes.

Further reading:What should I do if a trademark infringement occurs? Legal measures that can be taken.

Further reading:What are business secrets? Three major legal requirements for business secrets.

Further reading:What should I do if an employee takes away company confidential information? Relevant provisions of the Trade Secrets Act.

Fuda Law Firm, composed of a team of lawyers, patent attorneys and patent engineering teams who specialize in patents and trademarks. They specialize in the field of intellectual property law. The team lawyer members all have rich practical experience and long-term experience in serving listed companies and small and medium-sized enterprises, and can provide assistance. . If you have any needs, you can contact our firm at any time.

Fuda Law Firm
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
Intellectual property rights website:https://fdlaw.com.tw/ip
e-mail:info@fdlaw.com.tw