Lost in translation: Chinese versions of Western brands

The importance of developing a Chinese brand

China’s first-to-file trademark system means trademark piracy continues to be problem for brand owners. However, a less well-known problem occurs where a Western brand owner has registered its Western brand but has not devised and registered a Chinese equivalent.

Use of a Western brand in China will undoubtedly lead to the natural emergence of a Chinese version of the brand name adopted by Chinese locals.

If a trademark pirate registers the equivalent Chinese brand first, the brand owner can lose control of the Chinese brand and, more seriously, be sued by the pirate for using it. Numerous brands have been forced into an expensive and damaging re-branding exercise which could have been avoided had attention been paid at an earlier stage.

It is therefore essential to devise and register a Chinese language equivalent of your brand.

What DLA Piper can offer you

Our specialist team of lawyers can help you by:

• Devising suitable Chinese versions of your trademarks;
• Providing detailed advice in relation to the goods and services you should protect; and
• Filing trademark applications in China and throughout the region.

For more information about how our PROTECT™ service can help you, please see our website at www.dlapiper.com/protect or contact your usual DLA Piper contact.