Trademarks

For Chinese businesses looking to establish a strong brand presence in the United States, securing trademark rights is essential. Our trademark team assists with:

• Conducting comprehensive trademark searches to identify potential conflicts
• Developing filing strategies tailored to your business goals and budget
• Preparing and submitting trademark applications to the USPTO
• Responding to office actions and overcoming objections
• Maintaining and renewing registered trademarks
• Enforcing your trademark rights against infringers

We help Chinese clients navigate cultural and linguistic differences to ensure their brands resonate with American consumers while maintaining full legal protection.

The Strategic Advantages of Federal Trademark Registration: Securing Your Brand’s Future

When you secure federal registration of your trademark on the Principal Register of the United States Patent and Trademark Office (USPTO), you gain a powerful array of legal protections and strategic advantages that can prove invaluable to your business. Below, we outline the comprehensive benefits that federal registration provides:

Proactive Brand Protection

• Your mark gains heightened visibility in trademark searches, effectively deterring potential infringers before conflicts arise
• The USPTO actively protects your interests by refusing registration to confusingly similar marks, essentially providing government-backed protection at no additional cost

Nationwide Rights and Priority

• Federal registration grants you constructive nationwide use of your mark as of your application date
• This nationwide protection is crucial in our “first-to-use” system, preventing geographic limitations that could otherwise fragment your brand rights
• Registration establishes definitive notice of your ownership, eliminating “good faith” adoption claims by subsequent users

Enhanced Legal Position

• Your registration serves as prima facie evidence of both validity and exclusive ownership
• After five years of continuous use, your mark may qualify for “incontestable” status, providing the strongest possible legal protection
• These presumptions often facilitate quick resolution of disputes without costly litigation

Commercial and Marketing Advantages

• The right to use the ® symbol provides immediate visual indication of your protected status
• This registered status often adds perceived value to your brand and demonstrates sophisticated brand management
• Competitors and potential infringers immediately recognize your serious commitment to brand protection

Expanded Enforcement Options

• Access to federal courts for infringement actions
• Potential recovery of treble damages and attorney fees in appropriate cases
• Statutory damages available in counterfeiting cases, eliminating the need to prove actual damages

International Business Protection

• U.S. registration can serve as a foundation for international trademark protection
• Facilitates business expansion by securing your brand rights in foreign markets
• Provides a basis for Madrid Protocol applications in numerous countries

Enhanced Border Protection

• Upon recording your registration with U.S. Customs and Border Protection, they will actively monitor and seize infringing imports
• This creates a powerful, cost-effective barrier against counterfeit goods
• Customs effectively becomes your partner in brand protection at no additional cost

Long-Term Security

• After five years of continuous use, your mark may achieve incontestable status
• This elevated protection significantly limits the grounds upon which your mark can be challenged
• Provides the strongest possible foundation for long-term brand value

Federal trademark registration represents a cornerstone of sophisticated brand protection strategy. While unregistered marks do receive some common law protection, the comprehensive benefits of federal registration far outweigh the initial investment in securing these rights. We strongly encourage brand owners to consider federal registration as an essential step in building and protecting their intellectual property portfolio.