You started a business and registered your logo, brand name, and other intellectual property. Fantastic, you've taken the first step in ensuring your brand's ownership. However, even if you have registered your trademarks, this is just the first step in protecting your company's brand.

Having a registered trademark lets you p

revent others from registering identical trademarks in the same market, which might confuse customers. If you purchase Nike-branded apparel, for example, you most likely have clear expectations based on your impression of and prior experience with the Nike brand. Understandably, Nike would wish to safeguard its brand image by prohibiting others from utilizing the Nike name, logos, and other trademarks to promote their goods. It would be best to do the same thing to defend your company's reputation.

Here are a few things you need to do regularly to keep tabs on your rivals and ensure your trademark is safe.

Proactive Monitoring

Continuous monitoring is one of the most effective techniques to detect trademark infringement.  Trademark owners may monitor other companies' trademarks, as well as those of their affiliates, to keep an eye on their intellectual property.

An easy and free way to check for trademark infringement is to do a Google search for terms and pictures that are the same or similar to the ones used in your trademark.

Your monitoring team might begin by scanning the websites of well-known brands and corporations to look for infringement products or promotional materials. Aside from the online selling they undertake on their websites and social media pages, most prospective infringers have their e-commerce shops and online stores on e-commerce platforms. The IP trademark infringement monitoring team may also monitor these online retailers and social media sites for any probable violation.

Set up Google Alerts for your Trademarks

You'll also want to create search alerts for your trademark now. It's easier to keep tabs on your brand by following these steps. If you have done the earlier stated proactive monitoring searches, you'll have a solid idea of where you're. You can then use the Google Alert method to automate a part of your trademark monitoring searches going forward.

You do not have to be a technology guru to set up your trademark alert. First, go to Google Alerts and set up one for your IP. Once you've set it up, it'll notify you by email anytime your trademark appears in a new search.

Customs Enforcement

Ex officio customs actions are another efficient approach to uncover trademark infringement perpetrated by manufacturers and merchants after their commodities have left their production facilities. China's customs officials are in charge of these procedures. They do it as part of routine security checks at seaports and airports. Monitoring consignments that include infringing items is much easier using this method.

When an IP owner files a record with the GAC (General Administration of Customs), an ex officio customs action will commence. Customs IP recordal (registration of trademark licenses) system includes the information when the trademark owner or an authorized agent submits the recordal with GAC. As a result, the customs IP record system may monitor IP violations during the processing of exports or imports at a particular customs facility.

Typically, an ex officio customs action follows this procedure:

● Trademark owners apply to have their intellectual property rights recorded in the GAC's IP recordal system.

● Customs officers, administrators, and inspectors from the GAC check all commodities that pass via their terminals.

● When customs officers discover potentially infringing products in a shipment, they confiscate them. They next take photographs of the items they consider to be infringing. They will then send images of these products suspected of infringements on intellectual property to the registered agent who registered the brand in the recordal system.

● Within three working days of the genuine trademark owner's confirmation that the suspected items are a violation, the recordal system would oblige them to make a guaranteed payment. The suspected commodities would be retained and legally detained after receiving the payment. After that, the customs officials would begin their formal inquiry.

● Different rules apply to patent infringements than to other types of breaches. Patent-related infringements may be discharged before the official inquiry is complete if importers and exporters pay a specific guarantee sum.

● The GAC will determine within thirty (30) days of the suspected commodities being put under official detention. During a formal inquiry, GAC will give the ownership of the suspected products a chance to defend themselves.

● An infringing cargo would be confiscated by the GAC and destroyed if the owner could not present sufficient documentation to verify their legality or that they had intellectual property rights to a brand.

● However, the General Administration of Customs may ask the IP trademark owner to prosecute the alleged infringer in a local court if they can't determine whether imports or exports are an infringement based on evidence given. As a result, the GAC can no longer legitimately hold onto the disputed products in such cases.

● When an IP trademark owner files a lawsuit against an importer or exporter, written notification will be delivered to the General Administration of Customs by the court within 50 days of the day the products were impounded. The GAC can help the court in detaining the suspicious items. Local court notification is not required for GAC to release items suspected of infringement.

Customs Actions Based on Request

China's customs authorities have a variety of methods for discovering trademark infringement, including surveillance and onsite focused inspections.

Passive customs actions are mainly used to monitor the passage of infringing items into or out of China's customs facilities. On the other side, customs measures requested by the importer are a more proactive strategy for keeping tabs on and tracking potentially illegal products. These actions are taken as soon as the infringing activity is detected by the Intellectual property trademark owner's infraction monitoring team.

For example, the trademark owner may have visited an expo and seen a brand with a deceptively similar branded product or even replica or counterfeit trademarks thanks to their infringement monitoring staff. Following that, the trademark owner may submit a formal written request to customs officers to set up an alert for these products' customs movements and flag them for possible detention.

The Bottom Line

Despite its complexity, China offers international enterprises a wide range of market prospects. Moreover, in light of China's enormous size and growing economy, it would be a mistake to disregard the country entirely.

However, to effectively defend a brand in China, you must take a proactive stance. It is feasible to build strong intellectual property foundations that will safeguard the rights of intellectual property owners and enable their successful exploitation in a rising Chinese market. If you want to make the most of your intellectual property, it's necessary to keep an eye on the competition. Also, regularly communicate with customs authorities and a trademark lawyer. Your patent rights may come in handy to prevent a competitor from importing or producing a new product that infringes on your rights. You might, however, offer them franchise rights in exchange for a royalty payment, allowing you to profit from their customer base.

Please contact us (inquiries@chinalawsolutions.com) to get a recommendation on a firm which can assist your business with trademarks in China. All inquiries are treated as confidential.