subject : trade mark   

dear sir,

kindly advise if a trade mark is registered in china by local chinese company and same mark has been registered in other country by foreign co.,

1. will the foreign company be able to manufacturer goods and import from china under his brand name?

2. does it have any effect if the foreign country register trademark earlier or later to the mark registered in china?

thanks n regards

manish rungta

sir,

thank you for your question of the example. i think that china trademark law do not allow the act which use the brand of xyz in china if xyz sue infringement in china although some experts may rise some different ideas. it would be risk.

just reference for you.

regards,

judge jiang

to: judgejiang

sent: saturday, august 14, 2004 4:46 pm

subject: re: trademark

dear sir,

thanks for your reply.

but, to me still the point is not clear.

i would prefer to give an example:

brand (trade mark) "a" is registered in india  by "abc limied, india (indian co.)" under class - 9 (telephones).

brand (trade mark) "a" is registered in prc by "xyz limited, china - (chinese co.)"  under class - 9 (telephones).

now suppose "abc limited" wanted to manufacture goods in china by some other manufacturer (not xyz limited, china) in "a" brand for importation into india, will chinese law / chinese trademark law allow "abc limited" do so.

goods manufacture in china are 100% for export out of china and not for local chinese consumption.

for indian side, india has no objection in importing goods made in china by "abc limited, india"  as because the brand "a" is registered in india by abc limited.

thanks n regards

manish rungta

dear sir,

thank you for your two very interesting questions and i try to answer them. i wonder if you would be chinese side:

1. trademark is a kind of exclusive right in one country with characteristic of domain. therefore you want to know if the company is able to manufacture goods and import from china, you should read and check the trademark law in that country. you could get the information whether infringe or not from the law.

2.obviously, you could get the protection for your trademark after register the trademark as soon as possible. do you want to develop your market of your goods in china? if your answer is "yes", do it immediately.

i wonder if you need a trademark law lawyer.

regards,

judge jiang

www.chinaiprlaw.cn