Trademark

Unitalen has a significant practice in all areas of trademarks, including domestic and foreign trademark prosecution, trademark clearance and other counseling issues, licensing and enforcement of trademark, domain name rights, and litigation. More than 1,000 clients rely upon Unitalen to handle their trademark prosecution matters before the Chinese Trademark Office and abroad. These matters range from basic applications to complex issues such as registration of single color marks and appeals to the Chinese Trademark Review and Adjudication Board following an examining attorney's refusal to register a mark. With filing over 15,000 new trademark registrations annually, Unitalen ranks the first place among China's hundreds of agencies. Through our foreign associates in more than 100 countries, we are able to provide our clients with efficient and expedient global trademark protection.

Our trademark professionals include experienced lawyers and trademark agents who are registered with Chinese Trademark Office and have experience in filing and prosecuting trademark applications in China and internationally through network of experienced foreign associates.

On the counseling front, Unitalen manages sophisticated trademark search and clearance projects and advises clients on a wide range of substantive issues.

In addition to helping clients to secure their trademark rights, Unitalen actively protects and enforces those rights through traditional trademark and unfair competition suits. The firm's lawyers have extensive experience before the courts and the Chinese Trademark Office and Adjudication Board. Unitalen has represented trademark owners in emergency litigation, infringement and unfair competition actions, anti-counterfeiting, licensing disputes, oppositions to trademark applications.

In trademark disputes, our lawyers represent clients in administrative and judicial proceedings in establishing and enforcing or challenging trademark rights, including dilution claims. We also represent clients in trade dress and unfair competition matters under Chinese Anti-Unfair Competition Law. In addition, our lawyers have represented clients in connection with certification mark disputes and other disputes arising under Chinese trademark laws.

We're able to monitor the Official Gazette published weekly by the Chinese Trademark Office, notify our clients of the publication of potentially conflicting trademarks, and will oppose them if authorized by the clients. We are also able to monitor the popular press for unauthorized uses of client's trademarks.

Obtaining Trademark Registrations: We regularly assist clients in obtaining and maintaining registered trademarks, including conducting all necessary searches, filing applications, preparing and filing necessary affidavits and renewal applications, defending opposition proceedings and handling other matters that may arise before the Chinese Trademark Office and international trademark offices.

Trademark Litigation: Our attorneys are experienced in handling trademark, service mark, trade name and trade dress litigation in the courts. They also work closely with associates in other countries in foreign trademark litigations.

Selecting Trademarks: We regularly work with clients to select and clear word marks and logos. This includes obtaining searches of registrations and usage related to prospective marks, and advising as to the likelihood of registrability and objection by third parties.

Exploiting Trademarks: Our attorneys are experienced in working with clients to exploit trademarks, especially through drafting and negotiating trademark licenses and related marketing agreements.

Unfair Competition: We litigate, and provide pre-litigation preventative and enforcement advice concerning unfair competition proceeding before administrative authorities and the courts. Our attorneys have also handled disputes under the Customs Law, which enable clients to obtain relief from infringement in importation.

Among the firm's trademark clients are telecommunications, insurance and cosmetic companies, banking institutions, food manufactures, publishing interests, trade associations and non-profit organizations for which the firm prepares and prosecutes applications before the Chinese Trademark Office, drafts licensing agreements, and litigates before the Chinese Trademark Adjudication Board and courts. In addition, the firm assists clients in obtaining and enforcing trademark rights in other countries and in obtaining Chinese Customs Service protection against infringing imports and exports.

Unitalen's trademark practice is both extensive and diverse, and the firm prides itself on the efficiency and comparatively low cost.

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