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ARTICLE · 05 JANUARY 2018

Should You Register Your Trademark In Chinese?

Many foreign businesses are reluctant to register their brand name into Chinese, assuming that the brand will be recognizable, distinctive, and protected by one trademark filing.

ChinaIntellectual Property

Many foreign businesses are reluctant to register their brand name into Chinese, assuming that the brand will be recognizable, distinctive, and protected by one trademark filing. In reality, it is critical to ensure that the trademark name is also registered in Chinese.

To begin with, it is important to understand that if the trademark is registered only in its original version i.e. Latin characters and pronunciation, protection is not granted to its Chinese equivalent. This means that virtually anybody can use the same or similar trademark, and register it using a combination of Chinese characters. In that scenario, the China Patent & Trademark Office (CTMO) would then most likely prevent you from registering your Chinese name later on. This is precisely what happened to the well-known French fashion brand Hermès who tried to register (a bit too late) its trademark in Chinese as 爱玛仕 but was prevented by the CTO from doing so as it was deemed similar to an

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