3 ms·
Do you have a valid Trademark for the areas you sell within? If the answer is "No", than anyone registering in this product class can: 1. Leverage a copyright
by Joel_Mckay 4y ago
Do you have a valid Trademark for the areas you sell within?
If the answer is "No", than anyone registering in this product class can:
1. Leverage a copyright violation take-down. While you may think it is superfluous and lame... the courts do not.
2. sue you for damages to the brand (the law will see it as probably not yours) once the grace period to register IP expires. The grace period is usually 1 to 2 years once published, and after that you are likely SOL in many jurisdictions.
3. freeze your inventory imports into a protected area (see Fluke banning the color Yellow case)
4. freeze your banking account through the courts (for counterfeiters these are likely disposable shell import-only firms)
You may have thought a pad-printed generic China produced item is somehow worth $7m inventory risk, but it sounds like the "pay-me-develop-a-product" scam run by IP trolls with old inventory to unload. I had two cons try this on me once when I was young and slightly more gullible... I fed them to my lawyers as some crazies can get aggressive.
You should take note many China manufacturers often attempt to register client product trademarks domestically, as they want the domestic markets in compensation for a low-ball contract. If you try to change contract manufacturers, than the nasty side of working in China appears. Note, trademark and patent scooping is dirty, but it happens everywhere... in some places it is more culturally acceptable.
Rule #23: Don't compete to be at the bottom, as you just might actually win.
Best of luck =)