Simple as it may seem, but there are numerous court cases every year about trademark infringement in China.
The disputes normally arise because the Chinese High Court ruled that for trademark infringement to take place of a trademark registered outside China, that the trademark must be well known in China.
This means that the consumer public must recognize the trademark and associate it with a certain brand.
It doesn’t help if a company’s trademark is well known in South Africa, USA or Europe.
It must be well known in China. Come to think of it – it will be a long and difficult court case if you want to proof that the Chinese public is well acquainted with your trademark.
The best remedy to prevent trademark infringement in China is to simply register yours there.
Contact details for Smit & Van Wyk:
+27 (0) 12 349 7800
+27 (0) 86 619 0493
Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Meiring Naudé Avenue