Trademarks: Registration, Infringement, and Enforcement

Ensure your trademarks are protected and enforced worldwide with expert legal support, covering registration, compliance, and defence against infringement.

What are Trademarks: Registration, Infringement, and Enforcement

A trademark is a unique symbol, name, or design that distinguishes your business from others and represents your brand’s value.

Trademarks protect your brand’s identity, including logos and names, ensuring they stand out and build trust. Since trademarks are territorial, registering them in every country where your business operates is essential to prevent legal risks.

Unauthorized use and trademark squatting can harm your brand. Proactive registration, monitoring, and enforcement safeguard your rights and maintain your reputation globally.

https://youtu.be/G8mecSI_b3g

Jurisdiction-by-jurisdiction details and importance

Trademark rights are territorial, meaning protection is only granted in the countries where you register. Without registration in each jurisdiction where your business operates, your brand is vulnerable to misuse, imitation, and legal disputes. Registering your trademark in every relevant market ensures your rights are enforceable, protects your reputation, and prevents costly conflicts, allowing your business to expand with confidence.

Common challenges and protection strategies

Trademark squatting occurs when someone registers your trademark in bad faith, intending to profit from your brand’s success. Infringement, on the other hand, involves unauthorized use of your trademark, leading to consumer confusion and potential harm to your reputation.

To protect against these risks, businesses should prioritize registering trademarks in key markets early, monitor for unauthorized use, and take swift legal action when necessary. Maintaining strong legal protections ensures your brand’s integrity and prevents misuse.

Common Scenarios

Export and International Sales

Sale and export of goods and products to foreign markets, including direct sales and sales through distributors.

eCommerce

Online sales or purchases across borders on eCommerce platforms or your own online shops.

Foreign Direct Investment

Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.

Cross-border Services

Provision of professional or business services to foreign clients without establishing a physical presence.

Explore Legal Solutions by Country

Taiwan Image

Taiwan

  • Taiwan uses a first-to-file system for trademark registration.
  • Trademark protection is valid for 10 years and renewable indefinitely.
  • Legal actions can be taken against unauthorized use and infringement.
Philippines Image

Philippines

  • The Philippines follows a first-to-file system for trademark protection.
  • Trademark registration is valid for 10 years and can be renewed.
  • Registration offers enhanced protection against misuse.
Canada Image

Canada

  • Canada uses a first-to-use principle but encourages registration for stronger protection.
  • Trademark registration is valid for 10 years and renewable indefinitely.
  • Registration offers nationwide protection and stronger legal standing.
Hong Kong Image

Hong Kong

  • Trademark registration in Hong Kong provides territorial protection, separate from mainland China.
  • The system follows the first-to-use principle, but registration offers stronger legal standing.
  • Hong Kong is gearing up to implement the MadridProtocol, allowing international trademark registration extensions.

Brazil Image

Brazil

  • Brazil follows a first-to-file principle for trademark protection.
  • Registration provides protection for 10 years and can be renewed.
  • Legal frameworks support strong enforcement against infringement.
India Image

India

  • India follows a first-to-use principle for trademark protection.
  • Trademark registration is valid for 10 years and can be renewed indefinitely.
  • Registration provides stronger legal recourse against infringement.
Vietnam Image

Vietnam

  • Vietnam adopts a first-to-file system for trademark registration.
  • Trademark protection is granted for 10 years and can be renewed.
  • Effective enforcement mechanisms are in place for trademark protection.
China Image

China

  • China adopts a first-to-file trademark protection system.
  • Trademark registration is crucial to prevent squatting.
  • Strict enforcement of trademark rights is essential.

U.S Image

U.S

  • The U.S. follows a first-to-use principle for trademark protection.
  • Trademark registration provides protection for 10 years and can be renewed.
  • The USPTO offers nationwide protection for registered trademarks.
Indonesia Image

Indonesia

  • Indonesia follows a first-to-file system for trademark registration.
  • Trademark protection is valid for 10 years and can be renewed.
  • Enforcement includes administrative, civil, and criminal actions against infringement.
Malaysia Image

Malaysia

  • Malaysia adopts a first-to-use principle, but registration strengthens legal protection.
  • Trademarks are protected under national laws with international recognition.
  • Trademark registration is valid for 10 years and renewable indefinitely.

Thailand Image

Thailand

  • Thailand follows a first-to-file principle for trademark protection.
  • Registration is valid for 10 years and can be renewed indefinitely.
  • Enforced protection ensures your trademark's integrity in the market.

Protecting Your Trademark Where Your Business Goes

Facing trademark issues? Access vetted, experienced IP lawyers instantly and solve your legal problems in 4 steps. Get legal support from anywhere in the world, whether in your office, at home, or on vacation.

Find Your Own Lawyer
and Get a Free Quote

Search, Connect, and Get a Free Quote from Our Experts

China

Hong Zheng

Hong Zheng
Subject Expertise
Other
,
Canada

Thassiane Gossler

Thassiane Gossler
Subject Expertise
Capital Markets & Securities
,
Corporate
,
Commercial Contracts
,
Other
,
Mergers and Acquisitions
,
China

Daniel Jiang

Daniel Jiang
Subject Expertise
Other
,
China

Jie Jin

Jie Jin
Subject Expertise
Other
,
China

Susan Wang

Susan Wang
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Other
,
Commercial Contracts
,
China

Guanglei Zhang

Guanglei Zhang
Subject Expertise
Dispute Resolution
,
Employment
,
Other
,
Canada

Emily Wu

Emily Wu
Subject Expertise
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Other
,
Foreign Direct Investment
,
Corporate
,
India

Abhishek Majumdar

Abhishek Majumdar
Subject Expertise
Dispute Resolution
,
Bankruptcy & Insolvency
,
Capital Markets & Securities
,
Commercial Contracts
,
Corporate
,
India

Abhishek Esq.

Abhishek Esq.
Subject Expertise
Dispute Resolution
,
Commercial Contracts
,
Corporate
,
Criminal Defense
,
Employment
,
U.S.

Connie Dai

Connie Dai
Subject Expertise
Commercial Contracts
,
Corporate
,
Employment
,
Foreign Direct Investment
,
Other
,
China

Grace Li

Grace Li
Subject Expertise
Other
,
Foreign Direct Investment
,
Regulatory Compliance
,
International Trade
,
India

Adv. Manish Bhojwani

Adv. Manish Bhojwani
Subject Expertise
Bankruptcy & Insolvency
,
Commercial Contracts
,
Regulatory Compliance
,
Corporate
,
Criminal Defense
,
U.S.

Robert Wright

Robert Wright
Subject Expertise
Other
,
Commercial Contracts
,

The Most Overlooked Risks When Exporting to China (2024 Update)

Exporting to China offers immense opportunities but comes with unique risks, especially for SMEs. This guide outlines 8 common risks, including issues with contracts, trademarks, financial stability, and regulatory compliance, and offers actionable strategies to mitigate them.
Written on:
November 28, 2024
Introduction to Lao’s Intellectual Property Law: Key Updates for Foreign SMEs

Introduction to Lao’s Intellectual Property Law: Key Updates for Foreign SMEs

Written on:
November 7, 2024

Navigating Indonesia’s New E-Commerce Regulations

Indonesia’s Ministry of Trade has recently introduced new e-commerce regulations under MoT Regulation No. 31/2023 (“MOTR 31/2023”). This was meant to replace MOT Regulation No. 50/2020 (“MOTR 50/2020”). The spirit of these new rules is to protect local small and medium-sized enterprises in Indonesia, as the government views that foreign e-commerce merchants will adversely impact...
Written on:
October 10, 2024