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Atlanta
For all purposes, including corporate address & original certificates
6595 Roswell Road
Suite G-6694
Atlanta, GA 30328
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(404) 692-7734
hello@eligonip.com
Please direct all mail to Amy Hsiao
Beijing
Consulting Office
北京市东城区北三环东路36
号环球贸易中心A座3层
3rd Floor, Tower A
Beijing Global Trade Center
36 North Third Ring Road East
Dongcheng District
Beijing 100013
China
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+86 18-6012-41782
+86 66211845
Please direct all mail to Amy Hsiao
Taipei
106 台北市大安區復興南路二段237號13樓
13F., No. 237, Sec. 2
Fuxing South Road
Da’an District
Taipei City 106
Taiwan
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Please direct all mail to Amy Hsiao
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Answers
Frequently Asked Questions
What are the major differences between Chinese/Asian trademark systems and the US/Western trademark system that are most likely to get American businesses into trouble?
We see three major differences (1) China’s subclass system; (2) the approach to common law rights and (3) the myth about a brand’s Chinese mark. Please refer to any of Amy Hsiao’s seminars for further discussions and impact to businesses.
Is a Chinese mark necessary when an American brand enters China/Greater China?
Not necessarily – in fact, an English brand has an equal chance to become just as popular as any Chinese brand. However, owners need to pay attention to see if the market starts to create a Chinese brand for their mark and if it does, the brand owner should consider either adopting the brand (especially if an exclusive connection has already been established) or considering a selective brand (if there’s not yet an exclusive connection).
Is use specimen required for filing in US and China?
It’s required in the US because it dictates the basis to file a US mark. However, use is not required in order to perfect a filing in China, in fact, in most Asian countries. Although use is not required in China (or becomes relevant until a mark has been registered for three years), one must consider the likelihood of trademark squatter and take protective measures (the so-called: defensive filings).
Is metaverse specific description allowed in the US and anywhere in the world?
Yes, in the US. However, only a handful of Asian countries have allowed metaverse specific descriptions with Korea being the most notable example. China has not yet created or allowed metaverse specific descriptions – that said, Classes 09 and 42 are typically regarded as key classes for this rapidly growing industry.
If I already have trademark registrations in China, do I still have to register the same mark in Taiwan, Hong Kong, and Macau?
Yes, although politically, arguments can be made that these jurisdictions should be under the same PRC China umbrella, each still maintains its own trademark system. As a result, a trademark registration in Taiwan does not guarantee protection of the same mark in China – trademark is territorial and each mark must be registered locally, especially in Asia, in order for one to be entitled to protection.
Is there any character difference for a mark to be registered in China versus the rest of Asia?
Yes. The character version that’s popular in China is called the “simplified character”; the character in use in Taiwan is called “traditional character”. In fact, be careful of the character filed and registered on a trademark throughout Asia because it carries political connotation. Macau and Singapore largely still retain use of the traditional characters. In Hong Kong, one can file a “series” of marks so as to incorporate both versions of characters in one application.