Posts Tagged: "first to file"

Know the Risks Before Licensing Unregistered Trademarks in China

Despite the tough talk in Washington D.C., the ability to expand your business internationally to countries such as China is exciting. But what are the steps? How do you do it and what are the issues? Some of the most common starting points include contracting an advertisement agency to run a $2 million marketing campaign on WeChat, opening an online store at JD or TMALL, and/or finding a retailer/distributor to sell your products in exchange for a percentage of each sale. But here’s the main question: What if your trademark is not registered in China?

The Chinese “Super Trademark”: A Creative Strategy for Overseas IP Protection

Enforcement of trademark rights in China is an ongoing issue faced by numerous corporations.  Invalidating or canceling a trademark registration in the Chinese market is time-consuming and costly.  The best way to defend your company’s valuable intellectual property assets is to put in place as many protections as possible.  If your company owns a creative design mark, consider going beyond the standard trademark registration and getting the “super trademark” by obtaining copyright registration for this artistic design element.

Legislative Steps in the Pro-patent Direction

New patent legislation would rectify some of the damage done by several court rulings and by Congress.  It would reestablish the fundamental constitutional principle that a U.S. patent secures certain rights in private property. Reps. Thomas Massie (R-KY) and Marcy Kaptur (D-OH) have introduced H.R. 6264, the Restoring America’s Leadership in Innovation Act.

Tesla continues to rack up patents despite Elon Musk’s supposed distaste for patents

For someone who avoids patents “whenever possible,” Musk and his companies sure do seek patents on a lot of innovations. So why can’t he just be honest about his motivations? Or why doesn’t he come out and explain that innovation demands patents and it just isn’t realistic to invest many millions, or in his case sometimes billions, into research and development if you cannot obtain and exercise exclusive rights? That is, after all, perfectly honest and true. You can’t invest in what you can’t own, and Musk knows that. For some reason he just doesn’t seem all that interested in his fans and shareholders realizing that undeniable truth.

The Trump Administration is Investigating the “Theft of IP” by China: What You Need to Know About Trademarks in China

A Couple of weeks ago, the Trump administration formally launched a “Section 301” investigation into the “theft of intellectual property” by China.  According to US Trade Representative Robert Lighthizer, the investigation will “look into Chinese laws, policies, and practices which may be harming American intellectual property rights…”  China is a large market for many American companies, not only for production, but also sales.  Chinese laws and policies with regard to trademarks may be confusing to many, but there are some key concepts to know and consider regarding trademarks in China.