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Overview
The global marketplace offers immense opportunities for businesses to expand their reach, but it also presents unique challenges for protecting their trademarks. Even if a business is not selling and promoting its goods or services in a particular country, that does not mean the brand is completely risk-free or that no registration or protection is warranted in that region.
From manufacturing to retailing and marketing, businesses face varying risks depending on their commercial activities and aspirations in each country. For example, a company manufacturing in Europe and exporting products to the U.S. may face different risks if it changes its supply chain from Africa or Southeast Asia to the U.S. Additionally, a brand may need to adjust the trademark symbol from circle R to TM on packaging and the product itself, depending on the country it operates in, its risk tolerance, and of course its trademark registration status in the particular local country.
This presentation will explore the crucial distinctions between the U.S. and China trademark systems and how these differences influence trademark prosecution and enforcement strategies in China and Asia. Faculty will highlight the unique challenges these differences pose for U.S. businesses and why litigation is increasingly favored in China, including recent trends such as updates on punitive damage awards and their impact on enforcement.
Faculty will also discuss the effectiveness of customs recordal and copyright in bolstering anticounterfeiting efforts, offering practical strategies to combat the persistent "whack-a-mole" challenges in China. The session will wrap up with insightful case studies, providing actionable lessons for businesses looking to thrive in the Chinese market.
Key topics covered will include:
- Critical differences between the U.S. and Chinese trademark systems (10 minutes)
- Top risks in enforcement and why U.S. trademark rights don’t translate to China (10 minutes)
- Why litigation is often more effective than Administration for Market Regulation (AMR) in China (10 minutes)
- Recent trends and punitive damages against bad-faith trademark owners (5 minutes)
- Practical enforcement strategies and tips for success (10 minutes)
- Case studies and real-world examples for effective trademark protection (10 minutes)
- Big data trends and what’s next for brand protection in China/Asia (5 minutes)
Who Should Attend: In-house counsel, outside attorneys, and intellectual property law practitioners interested in China’s trademark landscape and the global marketplace
Program Level: Update
Prerequisites: None
Advanced Preparation: None
Faculty:
Amy Hsiao
Eligon IP