As one of the most important intangible assets, trademark plays an important role in international economic activities. Most countries implement the principle of “application first” to protect the trademark applied for registration first. If the enterprise does not consider the trademark registration and inquiry before export, once someone else has registered in advance, it is likely to have passive infringement and risk of transnational litigation and huge compensation. Therefore, it is necessary to apply for trademark registration in time to obtain the protection of local laws when opening up the international market and avoid trademark is registered by others.
If an enterprise only applies for a trademark, and there is no relevant patent for protection, then the intellectual property protection of the enterprise is still very elementary, and others can still use the patent right to defeat you. After applying for a patent and obtaining the patent right, it can not only protect one’s own invention achievements, prevent the loss of scientific research achievements, and obtain monopoly profits to make up for the R & D investment, but also conducive to scientific and technological progress and economic development. It can occupy the market space of new technology and its products through patent application, and obtain corresponding economic benefits.
According to the provisions of China’s trademark law and patent law, western enterprises that have no habitual residence or business office in China must handle trademark or patent matters through trademark or patent agency organizations recognized by China; Western people who have regular residence and business offices in China should enjoy the same treatment as Chinese citizens. Therefore, when applying for a patent in China, the procedures for applying for patent in China are exactly the same as those for Chinese units and individuals. They can apply by themselves or entrust a domestic patent agency to handle it.
After registering trademarks and patents, we should also know how to protect our rights. According to UK business website Raconteur.net that in recent years, China has become a preferred place for overseas companies to deal with intellectual property disputes because of its fair and transparent trial. In addition to China’s gradually establishing a good reputation for “fair trial”, the short trial cycle is also one of the advantages. For example, the average trial period of foreign-related cases accepted by the Beijing Intellectual Property Court is 4 months, while the trial cycle of major EU countries is about 18 months, and the preliminary preparation of US patent cases takes 29 months. Of course, more and more foreign enterprises choose to initiate intellectual property litigation in China, which also reflects their recognition and trust in China’s intellectual property protection system. At the same time, China’s judicial protection of intellectual property rights is increasing.
If you want to know more about trademark registration and patent application in China, or find a trademark registration and patent application agency recognized by the state and want to protect your rights, please contact us directly.