Speed in implementation of trademark strategy in China

When establishing trademark rights and protection in China, the formulation of a strategy in keeping with the enterprise’s actual circumstances is of great importance. Numerous factors need to be considered when implementing a trademark strategy. These include the types of action to take, the timing and speed of the actions, among others. This column looks at speed in implementing a trademark strategy.

Speed in formulating a strategy. Everyone knows that there is a certain particularity in trademark pirating and infringement in China. Any hesitation in formulating a strategy translates to a delay, which is likely to cause squandering of the opportune time, giving rise to the trademark being pirated or the loss or destruction of the evidence of infringement. Subsequently, a great deal of time, energy and money are exhausted in handling a trademark administrative procedure or lawsuit. Accordingly, when establishing trademark rights and protection in China, it is necessary to formulate the requisite strategy as soon as possible so that the enterprise’s interests will be protected to the greatest extent, though the arrangement of such specific measures as actions, evidence collection, etc. may require some time for proper consideration.

Speed in adjusting the strategy. Once a new circumstance arises, speed is needed when adjusting the strategy. The new circumstance usually involves the other party taking a certain measure or the enterprise discovering evidence that has a material impact on the case. Accordingly, a timely response can be mounted only with a rapid reaction.

Frank Liu is a partner at Tiantai Law Firm in Shanghai

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