Trade Dress Protection & Enforcement

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China trade dress lawyer

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.

Trademark

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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.

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