TM protection all about strategy

We have discovered in our daily operations that many people do not have a complete and clear understanding of trademark strategy. Some people envisage trademark lawyers as people who “go after fakes”. People who have a better understanding of trademark law will believe that all that can be done to protect trademark rights is sending lawyers’ letters, and administrative complaints and legal actions. In fact, a trademark strategy is not just a simple aggregation of single acts, but rather an organic combination of effective solutions tailored for the client based on the specific circumstances of the trademark and practical experience.

Just as in constructing a high-rise building it is necessary to first have a preliminary survey and design, the establishment and protection of a trademarked brand also first requires a strategy that is tailored based on the specific circumstances. A strategy is like the construction design drawings for a high-rise; subsequently, as long as the construction team proceeds with the construction in line with the details determined in the design drawings, the high-rise will go up. Similarly, as long as a strategy is drawn up based on the specific circumstances of the trademarked brand and actions are taken based on the specific action plan determined in the strategy, the establishment and protection of the trademark rights can achieve the corresponding effect.

Accordingly, an organized strategy is more important than the actions themselves. However, an organized strategy is not a simple enumeration of common trademark right establishment and protection actions. It requires an in-depth understanding of the circumstances of the trademarked brand at the outset and, after a detailed analysis based on the specific circumstances, a tailored series of combination solutions.

Frank Liu is a partner of Jincheng Tongda & Neal