Trademark conflict

Trademark conflict-Playmags

As we talked again and again before, trademark registration is very important at the beginning of your business. Trademark protection is regional protection. Brand owners should register trademark in different areas to protect their trademark rights even though they haven’t start business there. Here we share one trademark conflict case to show you why it is important to register trademark in China.

Playmags is one famouse brand in children toys in UK, the company Playmags Toys LTD produce colorful magnet cards. The mark Playmags was succefully registered in UK and USA, but it is not registered in China. It has legal sellers in United Kingdom and USA. But one guy registered the same trademark in China. The playmags Toys LTD lost the opportunity to register trademark in China, as well as to sell products in China market. Now some guys in China sell same brand products including children toys online taobao. Below are chatting screenshots you can see provided by one buyer.

Buyer find same brand playmags card toy online selling in China
talking about playmags brand infrigment by one guy in China
buyer find the same trademark products of playmags brand in China

You can see clearly that, after the buyer show the chatting screenshots to brand owner, he deeply understand it is fake product seller, the seller is telling a lie. Below are emails from Playmags Toys LTD.

Trademark infrigment in China
Playmags comfirmed the trademark infrigment

The seller also provide the “invoice” he bought products from Playmags Toys LTD, but the owner said it is not document they provided for the seller.

With our help we found the seller in China registered Playmags trademark in China years ago. The seller seize the opportunity to do it. Now Playmags Toys LTD has no more action about this trademark infringement action. We will continue to help Playmags UK if needed in future.

This trademark conflict example clearly show us the brand owner has often ignored the importance of trademark application at the business starting.

Study trademark terms

Brand owner should deeply understand the trademark terms in different countries with the help of professional IP lawyers no matter only develop local market or will definitely develop overseas market. Generally speaking, the IP lawyer will give a report on similar trademarks, registered trademarks and competitors’ trademark in same industry. The mark owner can clearly say their requriements in order to avoid trademark refusal. By this way, the owner can apply trademark registration in different countries and different nices which they plan to engage in business in future.

Search conflicting marks

After the trademark registerd first in local area in success,  the owner has 6 months priority to apply same trademark in other areas following Marid registration process. The trademark lawyer can monitor any application and submit cancellation for same mark registration. The owner must apply the registeration as soon as finding other guys try to steal their marks.

All in all, if your trademark is only registered in local market it will be huge risk for oversea market places. Protecting trademark is first job each company should take into action as trademark property is one of the most important property in running business.

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