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Glossary · Manufacturing
What is First-to-file?
China's trademark system, which generally gives rights to whoever registers a mark first rather than whoever used it first, inviting trademark squatting.
In China, trademark rights generally come from registration with the China National Intellectual Property Administration (CNIPA), and the first applicant usually wins. Using a brand in the US, or even selling in China, gives little protection without a Chinese registration. Patents also go to the first to file.
Squatters register foreign brands in China and then demand payment or block shipments, since Chinese customs can detain exports bearing a mark registered to someone else. Challenging a bad-faith registration is possible but slow and expensive.
Register your trademark in China, including in Chinese characters if you plan to use them, before sharing designs or branded artwork with factories. Beato arranges trademark, patent and copyright filings through a licensed Chinese IP agency.
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