Frequently Asked Questions

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).

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).

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.

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.

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.

Yes, many cases can be resolved with a cease and desist letter. However, if the infringer refuses to comply, legal action may be necessary.

It depends on the situation. Some cases are resolved in a matter of weeks, while others may take months. We work to resolve issues as efficiently as possible.

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process for resolving disputes over domain names that are identical or confusingly similar to a registered trademark. If a cybersquatter has registered a domain name that infringes on your trademark, you can file a UDRP complaint to request the domain’s transfer.

Yes, social media platforms typically have mechanisms in place to report trademark infringement.

Failing to enforce your trademark can lead to loss of rights. Over time, if a trademark owner doesn’t take action against infringement, they may risk “losing” the trademark through a legal doctrine called “genericide” or “abandonment,” which may allow others to use the mark without consequences.