|
Michael Conway ASSOCIATE AND CHARTERED TRADE MARK ATTORNEY , HASELTINE LAKE LLP
Michael discusses recent high profile cases of Western brands attempting to protect trade marks and branding in China . Haseltine Lake LLP is a Business Affiliate of UKSPA
|
When starting out , much of a founder ’ s focus is dedicated to the product : Does it work as designed ? What will people pay for it ? Alongside product development , testing , market research and customer acquisition , founders must also keep an eye on cash flow , which may mean constant fundraising . With so many start-up tasks to manage , branding can fall by the wayside , but creating an easily recognisable and trustworthy brand is important . Besides cultivating an image that ’ s both recognisable and well-liked , start-ups also need to protect their brands . With companies rarely operating in only one country , due consideration must be given to global brand protection .
For many years , China was seen as a territory where brand protection was pointless , due to a legal system that appeared openly to favour domestic companies . However , recent cases illustrate that , whilst difficulties still face Western companies when
|
enforcing their brands in China , the decision-making process is increasingly rational and robust , with favouritism of Chinese companies now rare . Western companies now succeed in a large proportion of cases they bring before the Chinese courts .
Jordan gets the jump on Qiaodan Sports
A recent ( December 2016 ) decision issued by China ’ s Supreme Court in favour of the former basketball player Michael Jordan , is a sign of the changes that have taken place . The case concerned the Chinese sportswear company , Qiaodan
Qiaodan Sports used Jordan ' s name in Chinese on its merchandise
|
© Maxim Apryatin / Shutterstock |
40 | UKSPA breakthrough | SPRING 2017 |