Trademark / Intellectual Property Registration

Foreign companies are aware of the importance of the second largest economy in the world, which at the same time is also “famous” for its reputation in copying and counterfeiting, and therefore have begun to invest in the protection of their brands in China. Companies that sell their products or offer their services in this country must obtain trademark registration in China to prevent others from appropriating trademark rights first.

It is worth mentioning that it is necessary to obtain trademark protection in this country even if only the manufacturing process of the goods takes place in China. This is because according to the Chinese trademark system a trademark is considered used in China even if branded products are not sold within the country and China is considered only a manufacturing base.

Keeping in mind that China is a “first-to file” system, it is strongly recommended to obtain trademark protection even if branded products are not sold in China, as the local manufacturer may proceed to trademark registration first. The risk that the exported goods will be seized by customs as suspected of counterfeiting if the brand does not benefit from Chinese protection should not be excluded.

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Due diligence / Legal support

Doing business on the other side of the world does not mean that you have no legal force in China. Agenzia Midas offers a wide range of legal services suitable for every business need, specific for foreign investors interested in starting a business in this country or who encounter various legal problems during their economic activity. 

Among the legal services provided by our lawyers, there are: 

  • assistance in setting up companies, 
  • establishment of international business contracts, 
  • due diligence, 
  • corporate and commercial litigation, 
  • tax advice and planning.

Our team of consultants can provide the necessary legal assistance and representation in court should your company become part of a litigation process. It is essential to know that the judicial system in mainland China is not similar to that provided by the Hong Kong Special Administrative Region. The recognition of foreign judgments is also a sensitive subject. However, it can be applied in a specific way that our lawyers can argue to make it understandable.