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Exporting to China, what you need to know about trademarks
If you contemplate doing business in China, do not forget to register your brand name in a Chinese version, use the unique copyright registration system to secure proof of your creation and enforce your intellectual property protection by way of customs registrations. Find these and more tips in our article.
Why checking the availability of my trademark is important ?
Because your brand is an asset of your company, which allows you to convey values, know-how, history and commitment to your clients, you should make sure that it is available for use in order to avoid any litigation with third parties who could claim prior rights.
How to check the availability of my trademark in several countries at the lowest cost ?
Check if my trademark is available on a global scale but with limited budget? It is possible!
Use our checklist for a concise overview of the steps to take concerning your IP at each stage of the life cycle of your product or service. Depending on where your project stands, it will help you to know what you should think about and the nature of the support that Sedin can give you for a successful launch.
Exporting to the US, what you need to know about trademarks
When launching your products or services in the US market, make sure your brand does not violate third-party rights and protect it – the earlier, the better. This article gives you advice on which specific considerations must be taken into account for the registration, use, display of the trademark symbol and licensing of your trademark in this country.
The Art of Trademark Searching
Before any launch of a new trademark or entering a new market, proper trademark searches are vital. Otherwise, you risk violating the rights of a third party, which could seriously damage the reputation and activities of your company. Defining the type and scope of the search will depend on the project and requires a cost-benefit analysis in consultation with intellectual property experts.
Apple lost against Swatch and its tagline Tick Different
In a decision of March 15, 2019 (B-5334/2016), the Federal Administrative Court of Switzerland dismissed Apple's claim against Swatch's trademark "Tick Different" for watch products in class 14. Apple did not hold prior trademark rights in its tagline "Think Different" in class 14 and relied on the US unregistered mark arguing that is was notorious. However, the Court found that this tagline was not sufficiently known in Switzerland. The decision highlights the importance of trademark protection and the strength of evidence of use.
The Art of Trademark Use
The trademark must be used properly to prevent it from becoming generic which, in turn, would make it more difficult to defend or result in the loss of all protection. Follow our guidelines on proper use and read our recommendations to ensure that your exclusive rights remain in force and that you maintain your competitive advantage in the marketplace.