Why I am suffering
such a big loss even though I have registered for China customs intellectual
screenshots comes from China customs intellectual property right registration
In this picture
you will find that the two different companies register the same brand and the
same logo, they are both legal and protected by Chinese Intellectual Property
Law. How come? How can two companies own the trademark and logo at the same
The dirty trick is here, look at the following
The company, briefed as Company A, is the real
owner of the brand (Star Track), and it registered the intellectual property
rights for the brand and logo on October 7, 2009.
The company, briefed as Company B, registered the
intellectual property rights for the same brand and logo on December 7, 2012.
Why did China
customs accept the registration by Company B on December 7, 2012 since Company
A has already registered for intellectual property right?
Here is the reason: the same band and logo can be
registered under different commodity categories pursuant to intellectual
property laws in China. Company A is TV set
top box and Star Track is their brand. The product they register is TV set top
box.Company B is a Chinese company and the product they
register with the same brand is remote control.
TV set-top boxes and remote controls are defined in
accordance with China intellectual property right laws as two different
products, so China trademark office and the intellectual property law
department of China customs allows legislate registration of remote controls by
Then comes the
problem, we know that the set-top box is sold with a remote control. The
container of company was seized by China customs when they exported TV set-top
boxes because they had Star Track brand remote controls in the container, which
violated the intellectual property of Company B. Company A tried every means to
explain to the customs, but that did not help, and they even commissioned a
lawyer for litigations in China, they lost the lawsuit because Company A forgot
the remote control in the registration for the set-top box. Company B took
advantage of this and Company B had to pay Company A for reconciliation. After
that, Party A had to pay Party B licensing fees or use of the remote control brand;
otherwise it would take the risk of infringement. Until now, in China customs
intellectual property right system, the two companies still legitimately own
the intellectual property rights of the same brand and the logo.
Let us check the registration of intellectual property
right at China customs by Company B:
We are really
surprised when we find that the company has the intellectual property rights of
almost one hundred brands and logos, all of which are relevant to home
appliances. Company B is taking advantage of the loophole of other companies.
The companies really specialized in home appliances forgot to register the
remote control in registration, that is why it has been beholden to Company B and
paid a price.
Those companies who are really involved in
product operation generally entrusted a law firm, a brand registration company
or a Chinese plant to register in China and for intellectual property rights
with China customs. Those entrusted have their limitations, so they usually cannot
be familiar with products, laws and regulations at the same time. Irreparable
damage will be caused if they miss any detail. FIC is different, over the
years, it has faced various demands from countless customers that involve all
aspects, including foreign trade, customs, and trademark registration. We are
well versed in relevant laws and rules and have accumulated a wealth of
experience, which enable us to help you to be thoughtful and avoid all possible