Trade dress is a type of trademark that refers to the image and overall appearance of a product.  Trademarks protect brands and the goodwill associated with the brand.  A trademark is used to identify the source of goods or services and is used to distinguish the goods and services of one seller or provider from another. Although there is no clear trade dress law in China, to some extent trade dress can still be protected. We can advise how to protect your trade dress in case you plan to have your business presence in China.

General information about Trade Dress

The Law protects a brand which and in some cases extends to protection of a product design, configuration, a product package, the interior of a store or even the design of a building. The dictionary design of trade dress is that it is a legal term which refers to protection over the visual appearance of a product or its packaging when they function as a source identifier to a consumer. Trade dress protection is different than patent protection, copyright protection and is more aligned with trademark protection. A design patent can pro

tect the visual elements of a functional item. A copyright protects a work of art. Trade dress protects a visual brand much like a trademark protects a brand. Over the years, the definition of a trademark has expanded to include the total image of the goods themselves i.e., containers for the goods, colors, fragrances, building, decor and ambiance. There are two general types of trade dress. One for the packaging or labeling of the good and another for the product design or the overall configuration or appearance of the good.

Trade Dress Protection

Trade Dress can protect the overall look and feel including a product configuration and packaging.

Types of Trade Dress

Trade dress, like trademarks, may be protected at the state level or the federal level. Both levels of protection have specific legal requirements and provide different levels of protection. If you are considering protecting or enforcing your trademark rights please contact one of our intellectual property attorneys to review your specific product and to make a recommendation based on your specific concerns.

BENEFITS OF REGISTRATION

Registration of trade dress, as with all other forms of the intellectual property provide a distinct advantage to a business or entrepreneur. In addition to providing a benefit during litigation, registration provides a presumption of validity and non-functionality. An owner of an unregistered mark, has a burden of proving the presumptions when challenged or challenging another’s mark.

BENEFITS OF USING AN EXPERIENCED TRADE DRESS LAWYER

Protecting Trade dress in some cases involves a law suit or litigation where an attorney asks a court to stop another company from using your visual brand. In the event you need to sue someone to protect your trade dress, you should always look for an attorney who has experience. Intellectual Property Center, has experience in trade dress protection including protecting the configuration of a product, its packaging and overall appearance. Whether you are in the Midwest including Kansas City or St. Louis or not, we would be happy to assist you in registering, protecting and enforcing your trade dress rights.

Trade Dress Lawyer Highlight

Peter Zhu is Of Counsel at this China IP Law Firm and practices all aspects of intellectual property law, domestically and internationally. A registered patent lawyer, Peter focuses his practice on trademark clearance, registration and enforcement. He also represents clients in trademark opposition and cancellation proceedings before the China Trademark Trial and Appeal Board. In addition, he regularly represents clients in trademark, patent and copyright and advertising matters, including litigation, both at China local Court and Court of Appeals levels. Peter is the Chair of the Intellectual Property Section of the Guangdong Province Bar Association and is a frequent author and speaker on trademark and IP issues. For more information, or to contact Peter at +86 188 19019636.

A business is recognized by its trademark or service mark. This China IP Law Firm knows the importance of having strong brand recognition and trademark protections. Infringement and dilution can be exceptionally costly to a business.  We have been helping clients for decades in the selection, registration, maintenance and enforcement.

Introduction to China Trademark

A trademark is any word, slogan, or symbol which is used in trade with goods and services to indicate their source of origin and to distinguish them from the goods and services of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from offering the same goods and services under a non-confusing mark.

In China trademark rights are created when use of a trademark begins. However, these rights are often limited. Greater rights are available by registering the trademark government. Trademarks used in interstate or foreign commerce may be registered in China Trademark Office.

A trademark application can be submitted to the CTO based upon actual use in commerce or a bona fide intent to use the mark in commerce. It is important to prepare the application with the assistance of a law firm experienced in trademark matters. Among other things, many aspects of a trademark application cannot be changed after filing, such that the value of any resulting registration may be irretrievably set by the original application papers. Moreover, once the application is on file, a CTO Examining Attorney will be assigned to scrutinize the application in light of the statutory guidelines for registerability. Throughout the application process, there is a substantial amount of interaction with the CTO Examining Attorney in accordance with some rather convoluted procedural rules, which may involve complex legal issues and concessions that can dramatically affect the statutory trademark rights involved. Indeed, it is possible to receive an official trademark registration that has little or no value in terms of practical trademark protection, such that a trademark attorney should handle the entirety of the process to seek the broadest rights available.

Benefits of registering trademark in China

A China national trademark registration carries several benefits and protections under the law. Most importantly, a China national registration constitutes prima facie evidence of the validity of the registration, of the registrant's ownership of the mark, and of the registrant's exclusive right to use the mark in commerce on the goods and services specified in the registration certificate. Also important is the fact that a China national registration constitutes constructive notice of the registrant's claim of ownership. The owner of a China national registration may file an infringement lawsuit in China national court and seek injunctive relief, triple damages and attorneys fees, as well as other remedies. Additionally, a registrant has the right to request China Customs Officials to seize imported or exported goods bearing an infringing trademark.

International trademark protection is also available by registering a trademark in individual countries or multi-nationally through various treaties and conventions.

A strong trademark or service mark symbolizes strong goods or services and may be one of a company's most valuable assets. Our Firm recognizes the value and importance of marks and is dedicated to providing outstanding legal services for its trademark clients.

Our Firm's Trademark Prosecution Practice is concentrated at its office in King of Prussia, PA. Our Firm boasts a combination of attorneys and trademark specialists, complemented by an experienced administrative staff, who provide complete, timely and cost effective services in all facets of the trademark practice.

From providing initial counseling regarding selection and clearance of a mark, to filing applications for registration, to advising regarding proper use and enforcement of trademark rights, Our Firm has the experience and resources to help brand owners protect and strengthen their valuable trademarks. For clients selecting a new mark, our attorneys’ concise and insightful analysis of trademark search reports guides clients in making informed business decisions. For clients wishing to protect a selected mark, Our Firm has extensive experience not only preparing and prosecuting U.S. trademark registration applications and international registration applications, but also coordinating registrations worldwide through our network of dedicated foreign associates.  

Enforcement, Licensing and Co-existence 

An effective trademark program often requires entering into coexistence agreements or licenses with other parties, evaluating potentially infringing marks, sending or responding to cease and desist letters, and litigating or bringing another proceeding to protect or defend a mark. Members of Our Firm’s Trademark Practice work closely with members of the Litigation/Dispute Resolution Practice and Transactions Practice, as appropriate, to make sure every client gets the benefit of our full range of expertise.  

We frequently represent clients in the following areas:

•  Initial searching and clearance of trademarks
•  Filing of trademark applications
•  Opposition and cancellation proceedings
•  Policing existing trademarks
•  Licensing trademarks and trade dress
•  Prosecuting infringement, unfair competition and dilution of intellectual property
•  China and foreign customs regulations
•  Building and managing global trademark portfolios

The firm’s trademark team, along with its attorneys at law, is known for its high level of attentiveness and responsiveness towards each client and case with which it is entrusted. In addition to specializing in Taiwan trademark practice, the firm's seasoned professionals have also managed global trademark protection for it’s domestic clients. The lawyers at this China IP law Firm have attained a reputation for their efficiency and reliability in comprehensive legal opinions, as well as in strategic advice for dispute resolution and litigation. The firm also enjoys an outstanding success rate in overcoming citations, oppositions, invalidation, and infringement litigation.

Call our China trademark lawyer now for a FREE, no-obligation consultation with one of our experienced account executives, and let us show you the difference that professionalism, quality and teamwork can make.

One of the most important decisions a new, changing or existing business can make is to choose a unique name or brand.  This is so consumers can quickly identify the source of particular goods or services.   This unique name should be protected by China trademark law.  In fact, trademarks can often be some of the most valuable intellectual property a company or business can own.  Because trademarks can be so important we advise our clients to carefully choose a name or brand that provides the best legal protection under the China trademark law.  

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods.

We help our clients to safeguard their business interests by prosecuting and enforcing trademarks and domain names registrations, developing brand name strategies and managing trademark portfolios. On behalf of our clients, we negotiate trademark deals related to merger and acquisitions, and assist them with transferring ownership of domain name registrations.

We offer a wide array of trademark services, including branding advice, selection of marks, prosecuting trademark applications at the China Patent and Trademark Office, the practice of international trademark law, and conducting availability searches.  We also have experience in opposition and cancellation proceedings before the Trademark Trial and Appeal Board at the Patent and Trademark Office and have successfully settled disputes among trademark owners and applicants.

Trademarks and brand strategy

Reflecting on 2016, we can separate Our Firm’s trademark practice into three categories:

1.Searching and trademarking a name or a logo (very straightforward and cost efficient),

2.Fixing the filing of a trademark that the entity screwed up by filing without the assistance of counsel (somewhat straightforward to trademark attorneys but not very cost efficient), and

3.Doing general business structure work where I discover that the organization has done nothing to protect their brand and that there most likely are trademark complications that are going to require them to rebrand or aggressively carve out the brand. 

What is brand strategy?

The most efficient companies we work with have a brand strategy. If you sell anything to anyone, you have a brand. Brand strategy encompasses the how, what, where, and to whom you plan to brand/market your services to. Trademarking involves how you are going to formally protect that brand strategy.

Clearly articulating brand is important because it:

•  Encapsulates company reputation in very few words/images.
•  Distinguishes competitive goods.
•  Signifies the consistent quality of those goods or services to consumers.

So, for example, if a company invented the next great search engine and branded it Best Search Product, that company is not effectively branding because the brand is confusing, lengthy and non-distinguishable. Compare that to Google, Yahoo or Porsche, all which create an immediate, consistent brand image in most user’s minds through a combination of look and feel, logos and naming.

Virtually no trademark exists in only one country. Brand management has become a global matter. Our China trademark lawyer’s team of experienced attorneys is dedicated to assisting clients in all aspects of brand management and in all regions of the world. Our services include worldwide trademark availability searches, trademark applications for registration, and related licensing and litigation. Our attorneys advise clients on brand strategies and conduct due diligence in mergers and acquisitions. Our attorneys have considerable experience representing Fortune 500 companies in trademark oppositions and cancellations before the Trademark Trial and Appeal Board of the China Patent and Trademark Office and, through our extensive network of foreign associates, before similar governmental offices and agencies in other countries. Our Firm’s trademark attorneys are well experienced in policing and enforcing trademarks, when need be, against infringers, counterfeiters, and cybersquatters. In addition, the attorneys in our Litigation department handle cases involving trademark infringement and related claims. View a description of our trademark trial practice at Intellectual Property Litigation. Our attorneys are prepared to handle all legal aspects of clients’ trademarks and to assist in the management of clients’ brands.

Mapping and protecting brand

We find it really important to map out brand comprehensively, and revisit the branding as companies grow. It can be as easy as mapping out strategy on a piece of paper using the four-tier approach. It can also be as complicated as hiring a brand manager who manages all of various brand assets.

One of our favorite aspects of my practice is to help entrepreneurs manage brand. The first step is a brand management plan to protect intellectual property. Unprotected brands are easy to steal and exploit. Steps include:

•  Clearing brand through a trademark search so clients do not spend significant resources on a brand that may already have been taken
•  Registering and maintaining those marks.
•  Creating branding guidelines for employees and third parties.
•  Protecting trademarks against counterfeiting and gray market activities.
•  Policing brands.
•  Managing internet domain names.
•  Creating revenue opportunities through trademark licensing.

Remember that brands create significant value for those willing to invest in them. Efficient entrepreneurs plan early, spend less, and effectuate significant economic outcomes. Contact our China trademark lawyer for free preliminary consultation if you have any trademark and brand management related issue in China.

Owning more than one trademark registration means having a portfolio of intellectual property assets. A trademark portfolio may comprise registered trademarks and service marks, as well as marks that are in use but not necessarily registered. At the same time trademark licenses or assignments as part of franchise agreements, co-branding agreements and other commercial transactions, will also form part of the portfolio.

Own several trademarks and looking for best way to manage them?

If the answer is YES then our Trademark Portfolio Management Service is not one to be dismissed and we would be delighted to work with you.

This is a commercially aware service that we provide to our clients to protect and oversee their International IP portfolios.  The portfolios we look after nearly always include more than just Trade Marks.  We are entrusted with these portfolios due to our expertise as a boutique IP law firm.

We pride ourselves on delivering a superior service.  Virtuoso’s award winning solicitors offer the highest level of professional support.  Any portfolio matter we handle is assigned to a Senior IP expert within our team.

With an excellent track record of assisting clients in healthcare, retail and education and also supporting in-house legal departments we are able to take a unique approach when taking over any portfolio. We are committed to preserving, protecting and adding value to your trade mark portfolio.  We always consider your present and future business needs, for instance by highlighting other areas for you to think about for your business development.  We take the risky and sometimes confusing burden away from you and carefully employ the best trade mark management strategies. This optimizes your brand value and gives peace of mind.

Benefits of Trademark portfolio management

Trademark portfolio management allows an effective consultation and maintenance of all your trademarks. This service, provided by our team, includes several advantages, such as having a dedicated account manager monitoring your processes in the customer area or defining the best strategy for representing, maintaining, and legally protecting your trademarks. 

With our service we make sure that your portfolio is in good order, we ensure correct ownership, registrations, renewals, recording assignments, watching and that enforcement action are carried out promptly and efficiently, and we also take care that the trademark related rights do not lapse as a result of non-use.

Trademark portfolio management involves as well periodically assessing the status of the assets in the portfolio, which can be done through an audit, as well as developing strategies that address how intellectual property rights are acquired, exploited, enforced and maintained, in order to maximize their value to the business.

Best Practices for Trademark Portfolio Management

A comprehensive trademark portfolio management strategy not only includes securing rights through registration, but also includes a well-designed enforcement program. This includes monitoring the registration activities of third parties and taking necessary action through trademark cancellation and opposition proceedings to ensure continued protection of trademarks and brands. And even when steps are taken to avoid conflict when registering a company’s trademarks, another party could object to such registration through a trademark opposition or trademark cancellation proceeding.

Our attorneys are adept in the handling of domestic and international trademark oppositions, cancellations, and related trademark administrative proceedings. Our understanding of the specific procedures in each venue put us in a strong position to help protect and preserve our clients’ intellectual property rights.

Managing a trademark portfolio continues to present unique and often complex challenges for inhouse counsel and trademark administrators.  Professional organizations provide excellent networking opportunities and educational materials for in-house personnel to share best practices to help make their jobs easier.  In addition, outside trademark counsel often can provide valuable insight based on their wealth of real-world experiences.

With this in mind, here are some effective trademark portfolio management strategies worth repeating:

Be a Valued Partner

The best trademark counsel and trademark administrators are the ones that have an open and transparent line of communications with their clients.  Most in-house trademark professionals have great relations with their product development and marketing teams. They educate them on the importance of trademark protection, and listen to their needs and concerns to help ensure that the company’s intellectual property investments are secured in a timely and cost-effective manner.

Create a Trademark Enforcement Plan

Surprisingly, many attorneys, both in-house and outside trademark counsel, can not adequately articulate the factors that they take into account when deciding how and when to enforce the client’s trademark rights.  Such factors, where possible, should be determined in advanced as part of an overall proactive trademark monitoring and enforcement plan, so as to avoid any surprises as to why a certain decision was made or not made concerning the trademark portfolio.

Remain Flexible

Attorneys can learn a lot from their business colleagues.  While a company’s trademark portfolio strategies, once approved, for the most part remain constant, the tactics to achieve the company’s brand enforcement goals should be open to fine-tuning and recalibration based on predetermined legal and economic preferences and outcomes.

By keeping in mind the above tips, trademark portfolio managers will better serve their companies and foster better relationships that are based on cooperation and mutual respect of all internal and external trademark team partners.

If problems arise, we have a solid understanding of Opposition, Revocation and Invalidity proceedings in the Trade Mark Office. Our comprehensive strategy helps you to make an immediate decision and help us help you to protect the registrations. As portfolio management professionals we pride ourselves on being pro-active and always thinking outside the box to help our clients recognise their potential. For example we identify gaps in your portfolio and highlight other potential avenues/ markets and opportunities for you to explore thereby adding value to the business.

If you have any inquiry regarding Trademark portfolio management in China, please do not hesitate to contact our China trademark lawyers for preliminary free advice.

This China IP Law Firm, Huashang Law Firm, is an intellectual property law firm with mainly international clientele. We provide legal consultation and services for the prosecution and litigation of patents, copyrights and trademarks, unfair competition and trade secret matters. Our legal associates are specifically qualified to assist clients with business matters concerning the acquisition, protection and exploitation of all forms of intellectual property.

Our strategy

Our firm was founded on the principle that the practice of law is more than just a business. It is our goal to not only supply high quality legal services, but also to have a positive impact in the lives of our clients. We believe IP clients are best served by lawyers who concentrate on IP law. The firm represents a broad spectrum of clients ranging from international individual artists and inventors, to medium-sized companies, to large publicly-held corporations. While the firm is based in Shenzhen, China, we have clients throughout the world. We also pursue IP rights for our clients internationally through our extensive network of foreign associate firms.

The firm is a medium-sized Intellectual Property Firm that focuses on excellent work product and building strong relationships with clients. Our attorneys bring a broad spectrum of technical knowledge, allowing us to handle difficult and complex IP matters. Yet our costs are reasonable, allowing us to provide high value to our clients.

Our IP Lawyers

Our patent attorneys bring a broad spectrum of technical knowledge to the law. They also have a deep understanding of key technologies. They are able to handle difficult and complex IP matters. Our attorneys have developed a specific style based on their knowledge of patent law with an eye on the intricacies required to succeed in patent litigation. We also know trademarks. All of our trademark partners are former PTO trademark examiners, and they are extremely well-versed in all areas of the field. This experience is invaluable in matters of corporate branding, the management of extensive trademark portfolios including prosecution and protection on a global level.

Your company has worked hard to develop its products and services and build an excellent reputation with your customers. How do you ensure that competitors will not slow you down? You need an IP firm that understands your business.

Our Resources

The firm has decades of experience in the legal field. The systems and operations we have built along the way benefit our clients in many ways. The firm has state of the art technology systems. In addition to high speed fiber connectivity, our security devices scan and monitor our network traffic for vulnerabilities. Our on-site IT staff is well-versed in security as well as connectivity standards. Our six offices are interconnected using a secure private network. Our data storage systems are large and backed up regularly. Our main server room takes disaster preparedness to a high level. 

We have a reliable and knowledgeable docketing staff. We maintain expert in-house foreign filing departments for patents and trademarks. Our staff is well versed in generating complete and detailed status reports.

The firm employs top-notch staff and state of the art accounting software to meet specific client requirements, whether it be billing formats, special reporting, or complying with in-house procedures. Our experienced and diversely talented attorneys have background in various IP issues, including those that arise with going public, with stock offerings, and with mergers and acquisitions.

Consult our English speaking China IP lawyers for free preliminary consultation. China IP lawyer reminds you that the law discussed above may change over time and may not apply to current situation when you read this website.