Best Trademark Lawyers in Shanghai

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Lixiaohua Law Firm Office
Shanghai, China

Founded in 2009
50 people in their team
Chinese
English
Shanghai Li Xiaohua Law Firm specializes in corporate law and criminal defense , and provides legal services such as marriage and inheritance , housing construction projects, private enterprise compliance, intellectual property protection, and permanent legal counsel . The law firm is a trademark...
Fenwick & West LLP
Shanghai, China

Founded in 1972
1,118 people in their team
English
Chinese
Fenwick & West LLP provides comprehensive legal services to ground-breaking technology and life sciences companies - at every stage of their lifecycle - and the investors that partner with them. We craft innovative, cost-effective and practical solutions on issues ranging from venture capital,...
Fangda Law Firm
Shanghai, China

Founded in 1993
50 people in their team
Chinese
English
We have approximately 800 lawyers in our six offices in major Chinese cities: Beijing, Guangzhou, Hong Kong, Nanjing, Shanghai and Shenzhen. We operate as a single, integrated partnership, not as an alliance of lawyers in different locations.Our lawyers collaborate seamlessly across practice groups...
DeBund Law Offices
Shanghai, China

Founded in 2000
50 people in their team
Chinese
English
We make determined efforts to provide comprehensive and professional services tailored to your special needs.We have intensively and persistently studied and practised foreign investment, intellectual property, company, criminal and civil laws, and are admired and trusted by our clients in both...
Tiansun Law Firm
Shanghai, China

Founded in 2018
50 people in their team
Chinese
English
Law View Partners is duly approved by the Ministry of Justice with the headquarter located in Shanghai Pudong Lujiazui. We adhere to the principle of bringing professional, comprehensive, high-quality and efficient services to our clients at home and abroad.We are dedicated in the areas of...
Weil, Gotshal & Manges LLP
Shanghai, China

Founded in 1931
1,100 people in their team
English
Chinese
Founded in 1931, Weil has provided legal services to the largest public companies, private equity firms and financial institutions for the past 90 years. Widely recognized by those covering the legal profession, Weil’s lawyers regularly advise clients globally on their most complex Litigation,...
Jiehua Law Firm
Shanghai, China

Founded in 1994
50 people in their team
Chinese
English
Shanghai Jiehua Law Firm was established in July 1994.It is the group member unit of Shanghai law society,and is the second batch of enterprise bankruptcy case manager of Shanghai,and is Shanghai good foundation legal units.Ever since the establishment of Jiehua, by continuously pursuing the...
Unitalen Attorneys At Law
Shanghai, China

Founded in 1998
50 people in their team
Chinese
English
UNITALEN LAW OFFICE Founded in 1998, located in the central business district of People's Republic of China, Beijing, is a partnership law firm established in accordance with the law, focusing on intellectual property legal affairs. After years of development, UNITALEN LAW OFFICE has enjoyed a...
Hanyuan Law Firm
Shanghai, China

Founded in 2009
50 people in their team
Chinese
English
Shanghai Han Yuan Law Firm was founded on 8th May, 2009, it has been developing steadily and rapidly due to its advanced service concepts and high quality of services.     Han Yuan is a comprehensive law firm, our aim is to provide professional, high quality and comprehensive...

Founded in 1996
50 people in their team
Chinese
English
Guangsheng & Partners Law Offices (“G&P”) is a full-range service law firm based in Beijing with branch office in Shanghai.  As one of the leading and largest law firms in China, G&P was originated from China Legal Affairs Center established in 1985, which was affiliated...
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About Trademark Law in Shanghai, China

Trademark law in Shanghai, China, is governed by the national framework of the People's Republic of China. Trademarks are vital for protecting brands and distinguishing goods and services in the market. Shanghai, as an integral hub for commerce and trade in China, follows the Chinese Trademark Law, which is designed to protect the rights of trademark holders, prevent unauthorized use, and encourage fair competition within the market. Businesses and individuals wishing to establish their trademarks must comply with the Chinese Trademark Law, as well as administrative guidelines pertinent to Shanghai.

Why You May Need a Lawyer

Seeking legal advice regarding trademarks in Shanghai may be crucial in several situations. You might need a lawyer if you are facing issues such as trademark registration, infringement claims, or the need to defend your trademark rights in a legal setting. Legal complexities often arise during the transfer or licensing of trademarks, or in cases of opposition or cancellation proceedings. A legal expert can guide you through the procedural requirements, help enforce your trademark rights, and represent your interests in disputes.

Local Laws Overview

Key aspects of local trademark laws in Shanghai include the registration process, which is managed by the China National Intellectual Property Administration (CNIPA). Trademarks must be distinctive and not infringe on existing marks. Priority is usually given to the first-to-file principle. Protection duration is 10 years, and it can be renewed indefinitely. The law addresses issues regarding trademark violation, counterfeiting, and requires proof of use for maintaining registration validity.

Frequently Asked Questions

What is considered a trademark in China?

In China, a trademark can include words, logos, symbols, colors, shapes, and sounds that distinguish your goods and services from others.

How can I register a trademark in Shanghai?

You can register a trademark through the China National Intellectual Property Administration (CNIPA) by submitting an application that includes a representation of the trademark and details of the goods/services.

How long does the trademark registration process take?

The registration process can take between 9 to 18 months, assuming there are no objections or oppositions during the review period.

Are foreign trademarks recognized in Shanghai?

Foreign entities can register trademarks in China through the Madrid Agreement or appoint a Chinese agent to file directly with CNIPA.

What should I do if my trademark is infringed in Shanghai?

If you suspect infringement, you may file a complaint with CNIPA or take legal action through the local courts. Consulting a legal professional is advised.

Can trademarks be licensed or transferred in Shanghai?

Yes, trademarks can be licensed or transferred, but agreements must be recorded with CNIPA to be enforceable.

What happens if I don't use my trademark in China?

If a registered trademark has not been used for three consecutive years without a valid reason, it may be subject to cancellation.

Do I need to register a trademark in Chinese characters?

While not mandatory, it is recommended as Chinese consumers may recognize and relate better to trademarks in local language.

What is trademark opposition?

Trademark opposition is a legal procedure where a party challenges the registration of a trademark within a specific period post-publication.

How can I renew my trademark in China?

A trademark renewal application must be filed within six months before the expiration date; late renewal can occur up to six months after expiration but may incur additional fees.

Additional Resources

For further assistance, consider reaching out to governmental organizations like the China National Intellectual Property Administration (CNIPA) and the Intellectual Property Office of Shanghai. Professional organizations such as the Shanghai Lawyers Association can also provide guidance. Additionally, international bodies such as the World Intellectual Property Organization (WIPO) offer resources and information that could be beneficial.

Next Steps

If you require legal assistance in matters of trademark in Shanghai, start by conducting research to find a reputable law firm specializing in intellectual property rights. Prepare documentation and any evidence related to your trademark issues. Schedule consultations to discuss your case and potential legal strategies. Consider reaching out to professional bodies for references or recommendations to ensure that you engage qualified legal professionals to protect and manage your trademark interests effectively.

Lawzana helps you find the best lawyers and law firms in Shanghai through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trademark, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Shanghai, China - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.