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Production in China and brand protection, HONDA vs HONDAkit

Production in China and brand protection HONDA vs HONDAkit

China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some hijackers go a step further and even seize products that are ready for shipping. An exception to this has been developed in case law. If products are only produced in China for export, then this cannot be a trademark infringement (the so-called OEM exception), as the Chinese consumer does not have any interaction with these products. In addition, the trademark holder must have a registration in the importing country. Recently a Chinese Court broke with this in its “HondaKit” ruling.

HONDA is a well-known trademark in China. It has been registered there since 1988. The company objects to the production of HONDAkit branded products, meant for export to Myanmar.

The argument brought in defense, that this only concerns goods for export, doesn’t hold. Court rules that production just for export also implies trademark use.

This is a blow to the trademark pirates. However, for trademark holders it is now all the more important to have a trademark registration in China, even if they only produce there for export purpose.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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