Many companies assume they don't need to worry about trademark protections in China if they have no plans to sell there, nor manufacture in the country. That's a risky mistake. Rogue manufacturers in China often produce counterfeit goods under well-known (and even lesser-known) brand names, flooding global markets with fakes that can damage your reputation and eat into your sales. Worse, if you ever decide to enter China, you could find your own brand already "owned" by someone else.

Protecting Your Brand from Counterfeiters

1. Register Your Trademark in China—Even If You Don't Sell There

China follows a first-to-file trademark system, meaning whoever registers a trademark first—whether it's the rightful owner or not—gets the rights. If your product can be made in China (which applies to most consumer goods), it's wise to secure your trademark early. Otherwise, counterfeiters could legally produce and sell knockoff versions, making it difficult and costly to fight back later. What's more, those unauthorized products could end up not just in the Chinese market, but also in markets where you do sell.

2. Don't Overlook Service-Based Trademarks

It's not just physical goods at risk. Copycats can misuse your brand name in poor-quality services, harming your global reputation. Imagine a fast-food chain whose name used in restaurants serving unappetizing food in unsanitary conditions in China. Or a software company discovering its brand is attached to low-quality apps. The reputational damage may not be limited to China in today's era of easy travel and global online connectivity. Registering your service marks can help mitigate this risk.

3. Strengthen Protections in Your Core Markets

Even if counterfeits originate in China, they often end up in your key markets. Make sure your trademarks are registered in countries where you operate and record them with customs agencies, such as U.S. Customs and Border Protection (CBP). This allows authorities to seize counterfeit goods before they reach consumers.

Final Thoughts

A proactive trademark strategy can save you headaches down the road. Even if you never plan to enter China, securing your trademark there helps protect your brand globally. And if you do decide to expand into China one day, you'll already have the rights you need to operate under your own name.

* Original article published on Harris Sliwoski. Read the full article here. *