In most countries, using a brand creates rights. In China, filing does. This single difference explains most of the IP disputes that foreign companies face after entering the market.
What first-to-file means
For trademarks, rights generally go to the first applicant, with limited exceptions such as well-known marks and certain prior rights. For patents, the first applicant to file wins, and a public disclosure before filing can destroy novelty. China does have a grace period for some disclosures, but it is narrow, so do not plan around it.
When to file
- Trademarks: before sample orders, trade fairs or product announcements. Paris priority lasts six months from your first trademark filing.
- Patents: before any publication, sale or exhibition. Paris priority lasts twelve months from your first patent filing.
- Copyright: register key artwork and software early, because it gives you evidence of ownership.
Do not forget the Chinese name
Many customers know your brand by a Chinese name, whether you chose one or not. Choosing, clearing and registering it early prevents someone else from defining your brand for local customers.