What is considered as a trademark in law?
A trademark is a mark that is used to promote and identify the owner’s goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.
Benefits of Registration of a Trademark
Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one’s case under common law.
China Trademark Registration
The trademark application procedure is more of less the same in China. Please note that there is one important difference between China & Hong Kong regarding trademark protection. China places great emphasis on registration and only those who have registered their trademarks will be given protection. Whereas in Hong Kong unregistered trademark still have protection under common law, even though it is more difficult to establish to one’s case under common law. In China, the first who registers a trademark will have priority in claiming ownership of the trademark. It is therefore always advisable to register your trademark in China in order to secure priority and ownership of the trademark.