Tmall – how to sell on Tmall?

The dynamic development and openness to cross-border sales have made Chinese e-commerce dominate. Europeans are buying on a large scale on Chinese e-commerce platforms, and the Chinese are increasingly willing to open up to cross-border shopping. Selling on Tmall, the largest e-commerce platform in China can be a hit for those interested in exporting to China. By 2018, more than 14,500 international brands from 63 countries were selling their products on Tmall Global. 80% of them were introduced to the Chinese market for the first time.

Tmall
Continue reading

Trademark squatting in China

Trademark registration in China is a basic necessity before doing business in China or with Chinese partners. It’s important to know that it doesn’t apply only to exporters. Importers should also remember about registering their logo if they display it on the product, packaging, or any printed materials. Why is it so important? In the Chinese trademark law, there is a rule „first to file”. It means that someone else can register your trademark. Consequently, it won’t be possible for you to use your own logo in the territory of China. Unfortunately, trademark squatting in China is a common practice. In the article, we explain why is it crucial to register your trademark in the People’s Republic of China before someone else does it.

Trademark squatting in China
Continue reading

Who has rights to Supreme in China?

There was big news about the collaboration of technological giant Samsung with the fashion brand Supreme. The companies announced their plans to enter the Chinese market together. Soon it became clear that the Supreme cooperating with Samsung was not the original Supreme founded by James Jebbia. How did it happen? Samsung establishing a partnership with the fake Supreme was possible because the New York brand doesn’t have rights to their trademark on Chinese territory. So, we decided to investigate who has the right to Supreme in China.

Supreme in China
Continue reading

Your trademark in China

China is not only the source of cheap labor and the manufacturer of various goods, which are being sold in every corner of the world. It is also the home of emerging middle class, and the big potential market for every Western company willing to take the risk. If you have a good product, you may try to enter the Chinese market, but without the proper legal protection of your trademark, implications for your business may be huge.

About ten years ago Starbucks, the American global coffee company, decided to enter the Chinese market and open their coffee houses there. “Starbucks” was translated to Chinese as Xingbake (星巴克), but the corporation realized that this particular trademark is already registered by an entity known as Shanghai Xingbake Co. Ltd. And if that’s not enough, the Shanghai company started to open its own coffee houses, which very much resembled the original ones, with the close copy of its world-renowned logo. Finally, the case was settled by the Shanghai court after two years of proceedings – Shanghai Xingbake was ruled to stop copyright infringement practices and pay the compensation of 500 000 RMB. This case is the important lesson in China’s copyright protection situation – the whole dispute might have never take place, if only Starbucks had taken certain necessary steps before entering the Chinese market.

Your-trademark-in-China

Continue reading