WEBVTT 1 00:00:00.800 --> 00:00:04.960 For your seven billion dollars. We allegory whenever there is risk to 90 percent 2 00:00:04.960 --> 00:00:09.359 are SMEs that generate eighty per s Dame, twenty minutes of your time and 3 00:00:09.400 --> 00:00:12.480 I, in return, will give you information on the most relevant issues in 4 00:00:12.560 --> 00:00:17.559 foreign trade, tax and customs with a human touch and make a tk a 5 00:00:17.640 --> 00:00:28.280 podcast of telese magas and Mexica hello. How about very good afternoon, welcome, 6 00:00:28.399 --> 00:00:32.039 once again to an edition of let' s barter good afternoon, Doctor 7 00:00:32.119 --> 00:00:36.439 Maximo, how well it is, Thank you, Guadalupe, good afternoon to 8 00:00:36.479 --> 00:00:41.679 you and everyone. Welcome and welcome. Everybody. We also welcome Dr Luis 9 00:00:41.759 --> 00:00:47.479 AlfredoÁvila today that we have him as guest with the importance of brand protection 10 00:00:47.479 --> 00:00:56.840 in China. Welcome, doctor to Vigo Hello, very good afternoon, thank 11 00:00:56.840 --> 00:01:02.200 you for the invitation, doctor chan doctor maximum. How are you? Well, 12 00:01:02.240 --> 00:01:04.959 well, welcome to everyone, what a sight, good afternoon, for 13 00:01:06.000 --> 00:01:08.040 there the other day they put us. That way, where they' re 14 00:01:08.040 --> 00:01:12.640 from, where they' re visiting us today, where we' re bartering 15 00:01:12.719 --> 00:01:18.560 out there, put us in the chat room too to know. And well, 16 00:01:18.799 --> 00:01:25.719 before we start, we' re going to introduce you to Dr Luis 17 00:01:25.719 --> 00:01:36.799 AlfredoÁvila' s face. He is director of the China Baja California Estor 18 00:01:36.840 --> 00:01:42.439 of Studies, PhD in Global Development Studies from the Autonomous University of Baja California, 19 00:01:42.560 --> 00:01:49.200 Master of World Economics from Southwestern University of Finance, Economics from Shangdou in 20 00:01:49.920 --> 00:01:57.560 China, and graduate in Public Accounting from the Autonomous University of Sinaloa. He 21 00:01:57.640 --> 00:02:04.120 is expert translator of Mandarin Chinese language, certified by the Government of Baja California 22 00:02:04.200 --> 00:02:07.959 in two thousand eighteen. He is a teacher of plant in his soul and 23 00:02:07.000 --> 00:02:12.199 coordinator of the faculty of counting and administration of the same House of Studies. 24 00:02:12.360 --> 00:02:19.360 He has recognition of the desirable profile of prodeb and academic excellence by the Mexican 25 00:02:19.439 --> 00:02:23.919 Association of Public Accountants and, well, he is also a professor at the 26 00:02:23.919 --> 00:02:30.599 College. So it' s from home, we can say it that way, 27 00:02:30.759 --> 00:02:35.080 well and already here they' re putting us from where we' re 28 00:02:35.159 --> 00:02:39.599 bartering from city Obregón, sound of Morelia, the Bella Morelia you mix them 29 00:02:39.599 --> 00:02:45.560 as well. Thank you very much Well, doctor, you know the subject. 30 00:02:46.560 --> 00:02:52.240 We' re going to give the paper and in the end we' 31 00:02:52.280 --> 00:02:53.919 re going to give a space for questions and answers for ten minutes. Also 32 00:02:54.039 --> 00:03:00.520 greetings to Nuevo Laredo, Tamaulipas. Go ahead. Thank you, Dr Chami, 33 00:03:01.000 --> 00:03:07.240 and thank you all for being here today. A little informal because it 34 00:03:07.319 --> 00:03:12.800 is an anniversary of the Faculty here and because we are celebrating sixty- two 35 00:03:12.919 --> 00:03:16.680 years then in the faculty and because very happy here also to share with my 36 00:03:16.680 --> 00:03:23.280 other house, which is FTA. Here. Many congratulations to the UABC the 37 00:03:23.360 --> 00:03:25.319 pride of being a caprón. I' m a UABC intern, too. 38 00:03:25.800 --> 00:03:30.199 Ah, I was celebrating Thank you very much, congratulations. Well, then, 39 00:03:30.439 --> 00:03:38.439 notice that on this occasion I was thinking good that I am going and 40 00:03:38.479 --> 00:03:44.479 present here my friends from TELC and I had a situation a few months ago 41 00:03:44.560 --> 00:03:50.680 with one of the clients who are coming here to the center and it was 42 00:03:50.800 --> 00:03:59.360 a problem of the brand precisely because something that we might not be very clear 43 00:04:00.159 --> 00:04:04.080 about, but the system is totally different from what we know in the United 44 00:04:04.120 --> 00:04:13.560 States, in Mexico, in Latin America, and it is important that we 45 00:04:13.639 --> 00:04:17.959 look here at the details, these fine points of how this trademark is carried 46 00:04:17.959 --> 00:04:24.639 out. The importance it has for your business and that not only needs to 47 00:04:24.680 --> 00:04:30.680 be clarified is in whether you want to sell or buy from China, but 48 00:04:30.680 --> 00:04:34.399 also as in the case of the client who told them, all it did 49 00:04:34.480 --> 00:04:40.279 was have a contact there that made him a product. But at the time 50 00:04:40.360 --> 00:04:44.800 of leaving the product you may have problems if your brand is not registered. 51 00:04:45.680 --> 00:04:49.240 It' s what made great features that we' re going to see today. 52 00:04:49.560 --> 00:04:59.399 I' m going to share the screen with you as always, and 53 00:04:59.480 --> 00:05:04.519 there, I' m just like that, you confirm to me the very 54 00:05:04.600 --> 00:05:09.360 good one, so today' s topic is important for brand protection in China. 55 00:05:10.399 --> 00:05:15.439 Obviously, referring to the People' s Republic of China, we are 56 00:05:15.480 --> 00:05:20.839 going to make a difference right now from other areas that we could also consider 57 00:05:20.920 --> 00:05:25.279 as China, like Taiwan, like Hong Kong mccau. But that in none 58 00:05:25.360 --> 00:05:31.959 of these areas or zones are within this methodology that we will see and by 59 00:05:32.600 --> 00:05:39.560 to adjust to the time, as always, as I bring it already digested 60 00:05:39.600 --> 00:05:45.560 in four points. One. First, a review of the records in China, 61 00:05:45.800 --> 00:05:51.839 the risks, the process and, finally, verify the veracity of what 62 00:05:51.959 --> 00:05:59.959 we are receiving from China so that at least we have an idea of where 63 00:06:00.040 --> 00:06:05.279 to look if it is true or something false. True This company is supporting 64 00:06:05.319 --> 00:06:14.480 us, because first reviews records. These are data of two thousand twenty- 65 00:06:15.879 --> 00:06:21.360 two in total patent applications, as China, leader, crosses one and a 66 00:06:21.399 --> 00:06:29.360 half million patents, followed far away by the United States, Japan, South 67 00:06:29.360 --> 00:06:33.720 Korea. And if we look for Mexico, because it has been the second 68 00:06:33.759 --> 00:06:40.639 country in Latin America, just after Brazil, Ya México is ranked thirty- 69 00:06:41.199 --> 00:06:46.759 four globally for patent applications. Here, we are not going to go into 70 00:06:46.759 --> 00:06:53.800 detail, but we already know that patents can be patents that are made in 71 00:06:53.920 --> 00:07:00.240 Mexico, but they are not necessarily Mexican. It may be from foreign companies 72 00:07:00.759 --> 00:07:04.319 that register the patent in Mexico, or it may be from Mexican companies as 73 00:07:04.319 --> 00:07:09.680 well. Then there should be more detail about what kind of patents they are. 74 00:07:10.160 --> 00:07:14.079 This is just a hard piece of information about the number of requests that 75 00:07:14.079 --> 00:07:20.160 are made. We have here also those who most apply for patents on the 76 00:07:20.160 --> 00:07:24.759 left side. Now you see China, now you' re going to see 77 00:07:24.839 --> 00:07:29.079 Mexico and in China you' re leading Huawei. Quahue is the company that 78 00:07:29.279 --> 00:07:36.279 most patents apply within China and is also one of the most patents registered in 79 00:07:36.319 --> 00:07:42.439 the world, not only within the country. Huawai is already a global company. 80 00:07:44.959 --> 00:07:49.199 It is a company that has positioned itself, as we know, as 81 00:07:49.319 --> 00:07:57.480 a frontal competition to the APPLE or the IFO truth and Samtsu that are the 82 00:07:57.680 --> 00:08:07.959 brands that had, because more committed to the market of mobile technology, etcetera. 83 00:08:07.360 --> 00:08:13.079 All that kind of platforms are following him so hard. Or moba that 84 00:08:13.240 --> 00:08:20.240 ' s another company that' s dedicated to the cell phone part. There 85 00:08:20.480 --> 00:08:26.839 ' s Telecommunication Corporation Boy Technology, which I vote that finds here in Tijuana. 86 00:08:28.639 --> 00:08:39.399 Here is one like a production line Team and Technology and finally appears ZT 87 00:08:39.600 --> 00:08:46.440 which is also the cell phone. Then we see that the cellular phone industry 88 00:08:46.559 --> 00:08:54.679 produces many patents. That can give us an idea that in Mexico, we 89 00:08:54.240 --> 00:09:01.519 would not have that potential. In Mexico, the most patent applicants were mexi 90 00:09:01.720 --> 00:09:09.039 Chen, Vio, nultraceutical assets, industrial technical education centers, NEMAC and UNAM. 91 00:09:09.720 --> 00:09:16.679 Those are the ones who most applied for patents last year. What makes 92 00:09:16.799 --> 00:09:24.879 China different? To start with this point, what makes China different is that 93 00:09:24.039 --> 00:09:31.440 the legal system is not the same as we know here, in Mexico, 94 00:09:31.919 --> 00:09:37.080 or in the United States or Canada. I always put that references because somehow 95 00:09:37.120 --> 00:09:43.799 we' re aligned. China' s system is the heart stofire, which 96 00:09:43.919 --> 00:09:50.120 means the first to show it, the first to record it. Those companies 97 00:09:50.200 --> 00:09:56.559 say they sell their products or offer their services in this country need to obtain 98 00:09:56.639 --> 00:10:03.759 trademark registration in China to avoid others obtaining those trademark rights earlier. Unfortunately, 99 00:10:03.919 --> 00:10:09.360 a lot of people who do trade with China trust each other and think that 100 00:10:09.480 --> 00:10:15.919 it is not really necessary to register, because in the end I do not 101 00:10:16.000 --> 00:10:22.039 have a company in China. I just produce something, but I' m 102 00:10:22.159 --> 00:10:28.200 not really with a permanent establishment in China. The National Intellectual Property Administration later 103 00:10:28.879 --> 00:10:35.759 we will know it as the P cn or China Intellectual Property. In order 104 00:10:35.600 --> 00:10:43.840 for you to remember this right now when I mention it, you carry out 105 00:10:43.080 --> 00:10:48.919 an examination of the requirements of identical or similar marks previously registered. This means 106 00:10:48.960 --> 00:10:52.000 that the existence of similar rights may prevent the registration of a MAC and therefore 107 00:10:52.039 --> 00:10:58.360 the submission should be made as soon as possible. Since unregistered trademarks are not 108 00:10:58.440 --> 00:11:01.879 recognized under China' s Trademark Law, the proprietor of the trademark will be 109 00:11:03.399 --> 00:11:05.879 the first to file the trademark application, which makes China a first of fil 110 00:11:05.879 --> 00:11:11.559 system as I told you then, if You have your trademark registered in Mexico. 111 00:11:16.840 --> 00:11:22.679 That doesn' t guarantee you any kind of protection in China. You 112 00:11:22.720 --> 00:11:28.000 have to register it in China too, and if you get ahead of it, 113 00:11:28.480 --> 00:11:33.120 if someone gets ahead of you, then you lose the right to use 114 00:11:33.120 --> 00:11:39.720 that brand. That' s very dangerous, because this case that I told 115 00:11:39.799 --> 00:11:48.200 you about the product was done in China and I exported it here to Mexico 116 00:11:48.200 --> 00:11:54.279 and here I marketed it, because all Mexico to Latin America. But it 117 00:11:54.360 --> 00:12:00.279 comes to an e- mail to see if any of those who are here 118 00:12:00.360 --> 00:12:05.519 have also happened to them. But he' s got an e- mail 119 00:12:05.600 --> 00:12:13.080 telling him that his trademark was registered in China. Sometimes, when we get 120 00:12:13.159 --> 00:12:18.080 that kind of mail, the first thing we think about is spam. Or 121 00:12:20.720 --> 00:12:26.000 so much spam that we receive that another one, because we are not made 122 00:12:26.000 --> 00:12:28.919 surprising, truth and we do not give it importance there. They tell you, 123 00:12:30.159 --> 00:12:33.440 then, that your trademark is registered in China and that for how long 124 00:12:35.080 --> 00:12:37.279 who registered it, et cetera, et cetera, et cetera. And they 125 00:12:37.320 --> 00:12:46.120 tell you that if you don' t intervene in recovering this brand from that 126 00:12:46.120 --> 00:12:48.960 date, your products are going to be stopped at customs, that is, 127 00:12:50.080 --> 00:12:56.440 they won' t be able to leave China unless you obviously pay, a 128 00:12:56.639 --> 00:13:01.879 lawsuit for making use of a brand that you don' t have the right 129 00:13:01.879 --> 00:13:05.519 to. Then look at a brand that' s your own brand you created 130 00:13:05.519 --> 00:13:11.039 in Mexico. Someone beats you in China. This is very common. There 131 00:13:11.320 --> 00:13:18.320 are people, there are companies that are dedicated to doing this, to looking 132 00:13:18.360 --> 00:13:22.799 for brands abroad and checking if they haven' t been registered in China, 133 00:13:24.000 --> 00:13:28.559 if they haven' t been registered and then, well, they start you. 134 00:13:28.960 --> 00:13:31.399 They wait for time to pass, because you have time, right now, 135 00:13:31.720 --> 00:13:39.440 let' s see where you can get your brand back, but it 136 00:13:39.480 --> 00:13:45.840 ' s a long process. Then you have to file that trial as soon 137 00:13:45.879 --> 00:13:50.519 as possible before the end of that time, because, since that period goes 138 00:13:50.600 --> 00:13:52.879 by, you can' t. There' s no human power to get 139 00:13:52.960 --> 00:13:58.559 your sea back then you' d get in trouble because you' re gonna 140 00:13:58.600 --> 00:14:03.080 have to change your brand here in the country. Or good to get into 141 00:14:03.200 --> 00:14:09.120 some legal proceedings. Examples, the battle Apple had in China is a very 142 00:14:09.200 --> 00:14:16.919 important battle that served as an iPhone example in China. It' s capitalized. 143 00:14:18.600 --> 00:14:22.399 They' re wallets. Well, you' re gonna get to China, 144 00:14:24.200 --> 00:14:30.879 and the company produces those kinds of wallets for money, cell phones, 145 00:14:31.399 --> 00:14:39.519 etcetera. And they have that iPhone brand. It was registered before Apple in 146 00:14:39.559 --> 00:14:46.639 China, but they entered a legal process. The company was Shington Cient she 147 00:14:46.759 --> 00:14:52.879 has registered the iPhone brand in upper case for products bags, wallets, cases, 148 00:14:54.279 --> 00:14:58.879 cell phone protectors wallets. From two thousand seven, before there' s 149 00:15:00.159 --> 00:15:05.879 Fone, they registered the mark. What sets Shington Chinchi' s mobile phone 150 00:15:05.960 --> 00:15:11.679 bags and other leather items apart from Apple' s phones, which are what 151 00:15:11.679 --> 00:15:16.320 we know in the world as iPhone. It' s how you write it. 152 00:15:16.720 --> 00:15:24.960 Then the iPhone of the Sinton Chinti brand is written in capital letters and 153 00:15:24.080 --> 00:15:28.200 Apple' s iPhone is written. There is, as you can see, 154 00:15:28.519 --> 00:15:37.480 a lowercase, the I, then the uppercase and the rest. To get 155 00:15:37.600 --> 00:15:43.759 that brand back, they were asking for billions of dollars that Apple obviously refused 156 00:15:45.080 --> 00:15:54.679 or refused to be paying for that, that brand that it found unfair. 157 00:15:56.120 --> 00:16:03.159 It is not that other example, which is perhaps already more tropicalized, even 158 00:16:03.240 --> 00:16:10.360 more so for us. It is the Jordon brand that had a legal problem 159 00:16:10.440 --> 00:16:15.679 against the IMS, as they listen to it, because they used it cynically 160 00:16:15.799 --> 00:16:26.159 and without a flamboyance, that only this company really used the symbol of Lins. 161 00:16:26.480 --> 00:16:32.559 They just put it in red. And look at that. I, 162 00:16:32.840 --> 00:16:40.559 I lived that in my own flesh when I was in China. I went 163 00:16:40.679 --> 00:16:45.480 out of college to teach another city and had to leave very early in temperatures 164 00:16:45.559 --> 00:16:51.759 of less than thirty, less thirty- five degrees, and I remember that 165 00:16:51.799 --> 00:16:57.240 the window ay with all frozen in the middle of the journey between my university 166 00:16:57.279 --> 00:17:03.639 to the school where I taught. I saw the symbol of Lims and always 167 00:17:03.679 --> 00:17:08.519 said I, but how curious that since what will come there, I will 168 00:17:08.599 --> 00:17:15.359 come here a date or something when I get sick and nothing else that I 169 00:17:15.400 --> 00:17:18.759 did not get off, because it was in the middle of the journey that 170 00:17:18.880 --> 00:17:22.480 was about three hours. So if I got off, imagine at that temperature 171 00:17:22.480 --> 00:17:26.599 being there in the cold. I didn' t get off, but once 172 00:17:26.599 --> 00:17:33.880 in the summer, because I got off and it turns out that it was 173 00:17:32.680 --> 00:17:37.799 like a hardware store nothing to do with health services. According to this company, 174 00:17:37.240 --> 00:17:42.640 they had already invented. According to them, notice the logo in a 175 00:17:44.000 --> 00:17:48.359 thousand nine hundred and ninety- six and they registered it in China and as 176 00:17:48.400 --> 00:17:52.119 they are seeing it on their screen. That' s how the company logo 177 00:17:52.039 --> 00:17:56.000 was and you know it' s exactly the same logo as the IMS. 178 00:17:57.480 --> 00:18:02.000 Despite the fact that the LIMS did not claim that the wolf was actually created 179 00:18:02.079 --> 00:18:07.720 in a thousand nine hundred forty- four in Mexico, the company China argued 180 00:18:07.839 --> 00:18:11.640 that it had since registered it in several countries, not only in Mexico, 181 00:18:11.960 --> 00:18:17.000 not only in China, but that it was already part of its company and 182 00:18:17.079 --> 00:18:22.839 that it had no problems, so Mexico did not find how to press it, 183 00:18:22.319 --> 00:18:26.039 because in reality they can use it and they registered it in China, 184 00:18:26.240 --> 00:18:30.559 so I tell them that it is the first of fire, the first to 185 00:18:30.640 --> 00:18:34.400 register And he therefore, obviously, they do not have to be registering his 186 00:18:34.480 --> 00:18:41.440 logo all over the world, true, because imagine each country to register it, 187 00:18:41.519 --> 00:18:48.640 but in most countries of the world it is governed by a truth synchrony 188 00:18:48.640 --> 00:18:56.759 in which I respect your marks, your respect mine, especially in public institutions 189 00:18:56.240 --> 00:19:00.519 that are non- commercial organisms, which have no profit. So, like, 190 00:19:00.759 --> 00:19:06.680 there' s that kind of relationship in which I respect your brands and 191 00:19:06.720 --> 00:19:11.160 you respect your logos and mine, but not everything, so the only argument 192 00:19:11.279 --> 00:19:17.799 that Mexico could give and that it could fight is somehow threaten the company and 193 00:19:17.839 --> 00:19:22.119 tell it good if you want to grow up in Mexico. In Mexico we 194 00:19:22.240 --> 00:19:30.440 ' re not going to allow you what, because Mexico' s brand represents 195 00:19:30.680 --> 00:19:34.680 lips And so somehow, Mexico joined with Latin American countries in some way that 196 00:19:34.920 --> 00:19:41.599 would refuse to see this company' s entry with that logo into Latin America, 197 00:19:41.960 --> 00:19:45.559 and that pressured the company to change. It was the only thing that 198 00:19:45.599 --> 00:19:51.680 could change it because legally there was nothing left to do. It seems strange 199 00:19:51.680 --> 00:19:56.640 truth to know that it is our logo, it is the logo of our 200 00:19:56.799 --> 00:20:00.200 health institution. However, nothing can be done if someone registers it in China 201 00:20:00.279 --> 00:20:06.759 before the company finally changed it and now I do. That' s how 202 00:20:06.839 --> 00:20:10.680 you see it on the screen. You can check it on that link. 203 00:20:11.480 --> 00:20:15.799 It' s a company that' s dedicated to electronic tool stuff. It 204 00:20:15.960 --> 00:20:22.359 has a diversity of products and already worldwide changed it after this pressure that Mexico 205 00:20:22.480 --> 00:20:32.200 had with them. What are the risks? Secondly, always the recommendation I 206 00:20:32.240 --> 00:20:36.720 give you is that companies submit their trademark applications in China if you plan at 207 00:20:37.480 --> 00:20:42.960 any time to use the mark. In this country, for example, some 208 00:20:44.039 --> 00:20:49.119 people I have known are involved in producing balls, for example, or clothing 209 00:20:49.359 --> 00:20:56.799 or some medical instrument. I' ve been hit by doctors who produce, 210 00:20:56.960 --> 00:21:03.240 I don' t know the exact name, but to remove the retina when 211 00:21:03.279 --> 00:21:11.480 they operate and they are very specialized instruments that have to be made with strict 212 00:21:11.480 --> 00:21:15.960 quality patterns. Then all these kinds of products. If you ever say I 213 00:21:17.119 --> 00:21:25.480 ' d like to see my brand produced and you consider it cheaper for you 214 00:21:25.599 --> 00:21:27.119 in China to produce it, but you' re not going to sell it 215 00:21:27.119 --> 00:21:33.119 in China. You just want to do it in China and then export it 216 00:21:33.119 --> 00:21:37.880 to Mexico. Then you have to be very careful, because if you don 217 00:21:37.960 --> 00:21:45.039 ' t protect that brand, then all those products maybe you have a big 218 00:21:45.839 --> 00:21:48.559 inventory in China is going to have to stay there, because if you take 219 00:21:48.640 --> 00:21:53.960 it out, you' re going to have to pay the company that registered 220 00:21:55.000 --> 00:21:56.920 your brand to let you take out the products. If you don' t 221 00:21:56.960 --> 00:22:00.960 get into a legal problem, then all the people who have planned or already 222 00:22:02.000 --> 00:22:07.880 do, should register their brand to prevent a competitor from getting protection from the 223 00:22:07.960 --> 00:22:14.279 smudge first. What happens as I told you, so I manufacture, but 224 00:22:14.400 --> 00:22:17.319 I do not sell in China, it will be necessary to register the brand. 225 00:22:17.920 --> 00:22:22.920 Many companies also ignore that it is also necessary to obtain brand protection if 226 00:22:22.640 --> 00:22:27.400 the manufacturing process is carried out in China. This is because in the Chinese 227 00:22:27.440 --> 00:22:32.240 trademark system it considers that a brand is used in China, although the products 228 00:22:32.359 --> 00:22:37.799 are not sold within the country and are only manufactured. Watch it there then. 229 00:22:38.319 --> 00:22:42.079 Therefore, it is highly recommended to apply for registration of the trademark in 230 00:22:42.559 --> 00:22:48.839 China when it is manufactured in this country, because the manufacturer himself could do 231 00:22:48.880 --> 00:22:53.319 so then, even in the same company that is manufacturing the product has touched 232 00:22:53.359 --> 00:23:00.680 us that it is the same company that unfairly goes and registers the mark and 233 00:23:00.880 --> 00:23:04.920 then wants you in some way extorted, because if he is not going to 234 00:23:04.960 --> 00:23:11.079 keep all your merchandise, because all the merchandise is made with a specific mark 235 00:23:11.160 --> 00:23:18.039 that you are not the owner of it. While there is no record, 236 00:23:18.200 --> 00:23:22.559 you can manufacture and export, but when there is already a record in China, 237 00:23:22.359 --> 00:23:26.839 you have to pay it or you have to reach an agreement with the 238 00:23:26.960 --> 00:23:30.880 person who registered the mark. Therefore, to apply for registration of the trademark 239 00:23:30.920 --> 00:23:34.720 in China when it was manufactured in this country, because the system, as 240 00:23:34.720 --> 00:23:37.759 I say to you, is the first OFA. If the trademark is not 241 00:23:38.240 --> 00:23:45.519 registered in China, there is a risk that the exported goods will be seized 242 00:23:45.559 --> 00:23:56.799 at customs by suspected counterfeiters. What are the systems of registering in the sea 243 00:23:56.799 --> 00:24:03.119 that China, as there are two. The first is the national registration system 244 00:24:03.240 --> 00:24:11.920 and the second is the international system. The second option is the most advisable 245 00:24:11.079 --> 00:24:15.599 one for foreigners. This is because if the brand shows up directly in China, 246 00:24:15.920 --> 00:24:21.519 that is, if you do it nationally, you' re going to 247 00:24:21.680 --> 00:24:26.720 need a local Chinese lawyer. The language of the application must be in Chinese. 248 00:24:26.039 --> 00:24:36.039 No English, French or Spanish are permitted. China respects the international classification 249 00:24:36.160 --> 00:24:41.680 of Nice, which has thirty- four kinds of products and eleven types of 250 00:24:41.720 --> 00:24:47.200 services. But beware because, in addition to this classification of Nice, China 251 00:24:47.359 --> 00:24:52.559 has its own classification. So it' s very important that it' s 252 00:24:52.799 --> 00:24:56.440 a person, an office or a brand registration office who' s an expert 253 00:24:56.640 --> 00:25:03.400 on it, because if not your brand isn' t going to be fully 254 00:25:03.559 --> 00:25:07.680 protected, because they could, out of confusion, put another product or service 255 00:25:07.799 --> 00:25:10.920 that' s not really what you do. Then we have to verify very 256 00:25:11.279 --> 00:25:17.079 well that the office is a certified office. In the end we' re 257 00:25:17.160 --> 00:25:22.079 going to see this truth so you can know if it' s an office 258 00:25:22.079 --> 00:25:27.359 that' s reliable. Not the range. This is not a matter for 259 00:25:27.440 --> 00:25:33.599 Hong Kong, Mackun, Taiwan, or any of us. So, if 260 00:25:33.720 --> 00:25:41.720 you have a trademark and you have it registered in Hong Kong, that doesn 261 00:25:41.759 --> 00:25:45.960 ' t mean it' s registered in Chinese, it' s only registered 262 00:25:45.960 --> 00:25:49.000 in Hong Kong. Even if it is registered in China, it is not 263 00:25:49.039 --> 00:25:55.759 protected in Hong Kong. So what you have to see is where the production 264 00:25:55.839 --> 00:26:00.279 is, where your operation is, if you' re Hongo UAs. Well, 265 00:26:00.319 --> 00:26:03.799 well, the recommendation is to register in Hong Kong. If he' 266 00:26:03.880 --> 00:26:07.599 s in China. Mainland China, because it has to be in China. 267 00:26:10.000 --> 00:26:19.720 Products and trademarks services also have a different legal system both outside and within China. 268 00:26:22.839 --> 00:26:30.200 Then you should already review the legislation so much in Taiwan that we already 269 00:26:30.279 --> 00:26:34.279 know that for China, for China it is one more province. But for 270 00:26:34.400 --> 00:26:41.039 Taiwan they look like a different country. In the case of Macao and Fong 271 00:26:41.079 --> 00:26:48.240 Kong, they are special administrative regions. Yeah, they recognize that they' 272 00:26:48.319 --> 00:26:51.880 re part of China. China recognizes that they are part of China as well. 273 00:26:52.519 --> 00:26:56.279 But China gives them that freedom for a few years to have their own 274 00:26:56.599 --> 00:27:02.400 legislation, their own decision- making. So, that' s why they 275 00:27:02.519 --> 00:27:07.160 don' t come within this range that told them cancellation for non- use. 276 00:27:08.079 --> 00:27:11.759 What if I' ve already registered my mark, it' s been 277 00:27:11.759 --> 00:27:17.680 registered forever. Chinese law Supermarca states that if in the following three years, 278 00:27:18.119 --> 00:27:22.599 the registration of the mark has not been used for three years in a row 279 00:27:22.640 --> 00:27:30.279 without a fair reason, it could be subject to a cancellation procedure. Then 280 00:27:30.319 --> 00:27:36.440 don' t believe why I registered it because it' s not going to 281 00:27:36.440 --> 00:27:38.960 be true. Dr Luis told me that it' s not going to be 282 00:27:38.960 --> 00:27:44.079 that my brand is using the record, but I' m actually not doing 283 00:27:44.119 --> 00:27:48.359 anything with it in China, so they' re gonna cancel it for you 284 00:27:48.359 --> 00:27:52.160 in three years. So only this goes for those people who plan to enter 285 00:27:52.279 --> 00:27:57.799 China in a short period of less than three years in which they can actually 286 00:27:57.960 --> 00:28:02.240 use it. The cost, actually, as we' ll see, for 287 00:28:02.279 --> 00:28:07.079 the record, is not very high, already seeing the benefits it has. 288 00:28:07.519 --> 00:28:11.200 But also if you' re not going to make use of that trademark, 289 00:28:11.720 --> 00:28:19.720 then also why would I be true about something they' re not going to 290 00:28:19.720 --> 00:28:26.000 use. China has something particular that in other countries is not so common, 291 00:28:26.039 --> 00:28:33.039 and is that brands tend or should be registered in Chinese characters, unlike other 292 00:28:33.079 --> 00:28:37.880 countries including, for example, Japan, that Japan is a country that also 293 00:28:37.880 --> 00:28:42.720 has a language very different from Spanish. However, the brands are phonetic, 294 00:28:44.440 --> 00:28:53.720 they are marks that are only written in Japanese characters, in Catacana, but 295 00:28:53.839 --> 00:28:59.960 in reality they are still Western brands. Even sometimes it doesn' t even 296 00:29:00.759 --> 00:29:04.880 change to Japanese characters. But not in the case of China. The system 297 00:29:04.960 --> 00:29:10.440 is very complex to make your mark. The suggestions that you also approach with 298 00:29:10.599 --> 00:29:15.440 a company that gives you advice on this. I will tell you here more 299 00:29:15.480 --> 00:29:18.680 or less in broad terms, what kind of brand it is that the translation 300 00:29:21.079 --> 00:29:25.200 that the great majority of the Chinese population could have, because you know it 301 00:29:25.240 --> 00:29:29.960 does not speak English and good, nor do you have why it is true 302 00:29:30.720 --> 00:29:33.640 to ask a Frenchman who necessarily speaks English, for it is not true. 303 00:29:33.720 --> 00:29:37.799 Then it is important to get protection for the brand is its Chinese version, 304 00:29:37.240 --> 00:29:41.720 that is, through translation, that you will be asked for it by the 305 00:29:41.799 --> 00:29:45.680 time of registration of your brand. Otherwise, Chinese consumers will not be able 306 00:29:45.759 --> 00:29:52.240 to remember the mark or recognize it and distinguish it from other brands. For 307 00:29:52.279 --> 00:29:56.079 example, the Starbucks brand, which is a very famous brand of coffee in 308 00:29:56.640 --> 00:30:02.599 China, is not called Starbucks, it is called Chimpa Sin for the Chinese 309 00:30:03.200 --> 00:30:07.079 is a well- known brand, without that star that I imagine from there 310 00:30:07.160 --> 00:30:15.000 comes Star Ward and Pack, it is a translation of Bucks. So, 311 00:30:15.640 --> 00:30:22.440 for the Chinese it' s very easy to recognize this brand and logo and 312 00:30:22.480 --> 00:30:27.559 all of them already know that it' s impaccale Let' s see the 313 00:30:27.559 --> 00:30:33.000 four guys that there are. So briefly for an idea. The first is 314 00:30:33.160 --> 00:30:38.559 purely funetic translation. In the case of Bimbo, for example, Bimbo is 315 00:30:38.680 --> 00:30:44.400 in China. It does not work all over China, only in some regions, 316 00:30:44.960 --> 00:30:51.119 but the brand is called Pingpogg, which is like a very similar sound 317 00:30:51.119 --> 00:30:56.559 to Pimboa. Ping Pole is a type of translation that can be exotic and 318 00:30:56.680 --> 00:31:00.839 project an important image. I mean, if a Chinese guy at Ping Pole 319 00:31:00.920 --> 00:31:06.680 knows he' s not. It' s not a Chinese brand because it 320 00:31:06.680 --> 00:31:11.799 sounds kind of weird. It only sounds phonetic, but it has no meaning 321 00:31:11.799 --> 00:31:15.559 behind it. It' s usually positive in China. The problem is that, 322 00:31:17.079 --> 00:31:22.200 being combinations that have no Chinese character sense, it makes it harder to 323 00:31:22.319 --> 00:31:27.680 be remembered. So neither do the company' s values or the brand say 324 00:31:29.119 --> 00:31:37.240 more than a sound similar to Bimbo, im Pop examples of brands in China 325 00:31:37.279 --> 00:31:42.720 that follows in this logic, as there is McDonald' s, which is 326 00:31:42.759 --> 00:31:51.079 Mihan law Craft, which is Caf, Steamens, which is The Or, 327 00:31:51.359 --> 00:31:56.920 which is Teao Volvo, which is Warwall and Waldmar which is Waterman. So 328 00:31:57.119 --> 00:32:01.359 they' re marks that don' t mean anything. If you ask me, 329 00:32:01.599 --> 00:32:06.880 well, what does McDonald mean, he doesn' t mean anything, 330 00:32:07.119 --> 00:32:14.720 he means anything else, either. They are only assimilation to how the word 331 00:32:15.119 --> 00:32:19.200 is originally pronounced. So, for the Chinese, they' re not that 332 00:32:19.200 --> 00:32:25.400 easy to remember, because it' s like I' m telling you a 333 00:32:27.200 --> 00:32:30.720 brand called Takataka or I don' t know Kikikuku, which you say, 334 00:32:31.119 --> 00:32:34.079 because what does that mean in Spanish? Then it' s hard to remember, 335 00:32:34.319 --> 00:32:38.160 because we don' t relate it to Algox. Number two is when 336 00:32:38.200 --> 00:32:45.519 we' re talking about phonetic translation, taking care of the meaning of the 337 00:32:45.519 --> 00:32:52.680 brand. These cost a lot. They are generally large companies and they want 338 00:32:52.839 --> 00:32:59.480 to give they want to convey a good image to the Chinese. These names 339 00:32:59.559 --> 00:33:05.000 are easy to accept and remember. They help communicate attributes and values that the 340 00:33:05.119 --> 00:33:08.960 company wants to transmit. In addition, due to the similarity in pronunciation to 341 00:33:09.039 --> 00:33:15.240 the original name, a certain degree of global consistency is maintained. However, 342 00:33:15.599 --> 00:33:20.440 it is probably the most complicated translation to develop, because the translator has to 343 00:33:20.519 --> 00:33:25.079 think a lot, a lot to know the company, understand what it means, 344 00:33:25.720 --> 00:33:30.599 what it is dedicated to the company, etcetera, etcetera. Here are 345 00:33:30.319 --> 00:33:38.720 several examples because large companies pay to have a privileged position in China, lest 346 00:33:38.759 --> 00:33:45.359 the market recognize it, that they are brands that transmit values, positive things, 347 00:33:45.839 --> 00:33:51.279 because the characters, are ideas, are ideograms. So, imagine if 348 00:33:51.400 --> 00:33:54.759 I have a company and I won' t want to put the character of 349 00:33:55.200 --> 00:34:01.039 death or accident or disease things, because obviously, I don' t want 350 00:34:01.079 --> 00:34:09.480 my brand to have a character like that, but an inexperienced person can put 351 00:34:09.480 --> 00:34:14.239 you a negative character, because, because it sounds that way true. But 352 00:34:15.000 --> 00:34:19.840 there are different pronunciations. Here we have, for example, Iqua, which 353 00:34:20.000 --> 00:34:27.159 is literally igia, means like a suitable house, like a very good house. 354 00:34:27.800 --> 00:34:32.440 So it reflects whether you see what Iquia wants to sell or what Marbor, 355 00:34:34.519 --> 00:34:38.079 who is Juan Paulu, means street with ten thousand Coca Cola treasures, 356 00:34:39.840 --> 00:34:47.719 is a very important brand. It' s k that means delicious to taste 357 00:34:49.719 --> 00:34:52.679 and that gives you happiness. So, imagine when a Chinese person sees Kreklla, 358 00:34:53.840 --> 00:34:58.920 because he understands that it is something tasty and besides it will give you 359 00:34:58.920 --> 00:35:04.400 happiness. Then allows this mark very well what Pepsicola means, pisic hello a 360 00:35:04.440 --> 00:35:10.679 hundred happy things, the country and the hundred reflects at most. Then you 361 00:35:10.760 --> 00:35:17.159 get a lot of happiness the pepsi The sabo is cypay Way, full of 362 00:35:17.159 --> 00:35:22.440 a hundred flavors. Carrefur, which is the most important brand in China, 363 00:35:22.000 --> 00:35:30.679 as well as supermarkets, was the first to arrive in China. It' 364 00:35:30.760 --> 00:35:36.719 s a French brand that for those of us already here a little bit bigger, 365 00:35:37.760 --> 00:35:40.039 they will remember that in Mexico it was a long time ago, a 366 00:35:40.079 --> 00:35:44.119 little I think that by Mexico City, by some cities, Carrefurt arrived. 367 00:35:44.760 --> 00:35:47.360 Then he bought it. I don' t know if they' re giant 368 00:35:47.400 --> 00:35:49.079 and then I don' t know if they' re already Soriana now. 369 00:35:49.599 --> 00:35:54.000 I lost track of it, but at some point there was here in Mexico, 370 00:35:54.840 --> 00:36:00.119 there is still in Chile, in Latin America and in Europe, because 371 00:36:00.119 --> 00:36:06.199 it is very popular. France is the one that originated this brand and in 372 00:36:06.280 --> 00:36:12.199 China it is called Jalefoo, which means family blessing, that is to say 373 00:36:12.239 --> 00:36:17.840 family. Good fortune for the family. Palomá is the BMW, which is 374 00:36:19.480 --> 00:36:25.920 prized, horse that is horse that everyone wants Mercedes times in penturere speed of 375 00:36:27.000 --> 00:36:35.840 starring. Jaguar is jepal Leopardo Bernador, Posshre is bossch World, Rico Hulet 376 00:36:35.920 --> 00:36:40.480 is going to fall qaite hool general benefit And finally, it is the abritas 377 00:36:40.559 --> 00:36:45.079 that we know. I hope it' s the law in English. In 378 00:36:45.159 --> 00:36:50.239 China it is lushi and means happy moment. So, if you notice these, 379 00:36:51.239 --> 00:36:53.840 it' s going to cost you more, I think, for a 380 00:36:53.920 --> 00:37:01.079 company that' s starting up and this is probably not the right thing to 381 00:37:01.079 --> 00:37:06.719 do, because if you want to convey an idea, then yes, this 382 00:37:06.719 --> 00:37:10.679 is the idea. But if you just want to have a phonetic translation of 383 00:37:10.840 --> 00:37:15.840 your boat, with it being a meaningless word, but it doesn' t 384 00:37:17.079 --> 00:37:24.760 have negative words like death, like accidents, diseases, etcetera, I think 385 00:37:24.760 --> 00:37:32.320 you' d meet the goal. There is a third that is a semantic 386 00:37:32.320 --> 00:37:38.199 translation, that is, phonetically it doesn' t match, it doesn' 387 00:37:38.239 --> 00:37:43.679 t sound like the one before the mark, but it does sound like the 388 00:37:43.679 --> 00:37:49.159 original meaning. For example, the Apple brand in China is called hinquo because 389 00:37:49.400 --> 00:37:54.840 xinquo is apple. So here' s another kind of translation of your brand 390 00:37:54.880 --> 00:38:01.960 that you say means this literally, Apple is apple to it. But we 391 00:38:02.039 --> 00:38:07.039 know that Apple is called in Mexico, in Argentina, in Russia, in 392 00:38:07.039 --> 00:38:10.920 Australia, everywhere, although we don' t speak English, the brand is 393 00:38:12.800 --> 00:38:15.239 called Apple in China. No. In China it is not called Apu, 394 00:38:15.400 --> 00:38:20.480 it is called King Quol, because for the Chinese it is easier to remember 395 00:38:20.559 --> 00:38:23.639 the obo is an apple. In English it' s Apple, because it 396 00:38:23.639 --> 00:38:28.519 really makes sense that it' s called King Wox. Examples of that are 397 00:38:28.599 --> 00:38:34.119 not many, because here we would have to translate literally into escape. For 398 00:38:34.119 --> 00:38:39.800 example, it means che chao café, which is literally chea. It means 399 00:38:40.960 --> 00:38:46.719 the nest, that' s nest of neltle truth coffee, then coffee nest, 400 00:38:47.159 --> 00:38:52.599 that is, the coffee nest, because the one we saw chincuo is 401 00:38:52.719 --> 00:39:00.800 apple, Microsoft is wey which is micro and Rand which is soft. So, 402 00:39:01.000 --> 00:39:07.840 Microsoft, because it would be micro soft in Spanish and in Chinese it 403 00:39:07.119 --> 00:39:14.719 becomes Waiterand that literally means that you Wagen, which in German means as public 404 00:39:15.280 --> 00:39:22.360 car of the popular people of the people, because that means also in China 405 00:39:22.360 --> 00:39:30.360 it is tachung chicho, that it is a car of the chell people is 406 00:39:30.519 --> 00:39:32.320 literally that it is the shell and foot is brand. So, there, 407 00:39:32.440 --> 00:39:38.039 Finese is very clear. It' s the brand of the conch and for 408 00:39:38.119 --> 00:39:43.000 them remember it. And finally, I fill the milk that would be as 409 00:39:43.039 --> 00:39:49.440 general electric, because in Chinese means the same ton tong tin Zi, which 410 00:39:50.559 --> 00:39:55.119 is general electric. The last one is not recommended, but some brands, 411 00:39:55.159 --> 00:40:00.800 because they have used them because sometimes the arrival in China was faster than the 412 00:40:00.960 --> 00:40:12.960 attempt to register it. Then they are unconnected translations, without phonetic or semantic 413 00:40:12.960 --> 00:40:16.880 connection. Perhaps they can be based on logos, curiosities and such translations can 414 00:40:16.960 --> 00:40:22.840 be easily remembered and they can be chosen according to the positioning of the brand, 415 00:40:22.039 --> 00:40:25.679 that is, they sometimes arrive before the brand can do the translation, 416 00:40:27.480 --> 00:40:30.639 the same people recognize it and start calling it a little bit, like we 417 00:40:30.679 --> 00:40:38.440 tell the bread Bimbo that it is the bar. We tell everyone bread Bimbo 418 00:40:38.519 --> 00:40:43.800 truth or his habite we tell everyone javitel, even though there are different brands, 419 00:40:43.920 --> 00:40:49.840 because he managed to have so much influence that the people gave him that 420 00:40:49.880 --> 00:40:53.920 idea. In China it is more or less this that happens with the inconex 421 00:40:54.800 --> 00:40:58.679 translation and here, then, we find, for example, City Bank, 422 00:40:59.320 --> 00:41:06.840 which is Huax, the bank with the colorful flag, as the realph Lowrence 423 00:41:06.880 --> 00:41:08.960 that the Chinese see. Then you see a horse, and you see three 424 00:41:09.039 --> 00:41:14.480 legs. So, then, it' s going to be called san ya 425 00:41:14.599 --> 00:41:19.280 or it' s the three duck horse. That' s the Ralph Loren 426 00:41:19.519 --> 00:41:25.599 or Hong brand in China, marril is one holl which is ten zero Continental 427 00:41:27.360 --> 00:41:30.719 éits, because I see a horse logo and it' s a German brand. 428 00:41:30.760 --> 00:41:37.519 So all Hull map Hi, the brand of the German horse Heineken, 429 00:41:37.280 --> 00:41:46.039 the Sili as strength and neutugine, which is branded creams or things for the 430 00:41:46.079 --> 00:41:52.039 face is Lutha Shion, which is transparent dew. So, if you realize 431 00:41:52.039 --> 00:41:57.760 here the Chinese who beat the brand, you popularized a way to recognize this 432 00:41:57.840 --> 00:42:04.280 brand and, therefore, they retained that idea that the Chinese had process to 433 00:42:04.320 --> 00:42:15.800 advance a little in them. First let' s assume that you already brought 434 00:42:15.920 --> 00:42:20.239 them that mail, that dreaded mail that your brand had, because it was 435 00:42:20.320 --> 00:42:23.840 already registered in China Who was, because Dr Luis Verdad there that came to 436 00:42:23.840 --> 00:42:29.079 give you the talk in FTA. He checked your mark before you guys noticed. 437 00:42:30.199 --> 00:42:34.719 Then someone in China already registered it to him. They how they realize 438 00:42:34.719 --> 00:42:39.000 it. They' re going to look for a database of Huipo, which 439 00:42:39.079 --> 00:42:45.159 is the international body, and they' re going to see, for example, 440 00:42:45.280 --> 00:42:52.559 Dr Chan has I don' t know any Champions beauty products and I 441 00:42:52.639 --> 00:42:52.719 ' m going to look into China' s database. This is what they 442 00:42:52.760 --> 00:43:00.880 do and I see that there is not registered to Cha beauty products. I 443 00:43:00.880 --> 00:43:07.159 get into Dr Char' s product page and I see that she has a 444 00:43:07.000 --> 00:43:10.880 great variety of products, like I think at some point she' s going 445 00:43:12.000 --> 00:43:15.519 to have to go to China to make them cheaper, because it' s 446 00:43:15.639 --> 00:43:19.360 going to lower your cost. Then I advance to the doctor and register chan 447 00:43:19.760 --> 00:43:30.079 beauty products in China. When she wants to start that product, she' 448 00:43:30.079 --> 00:43:34.440 s going to have to pay me, because I own her brand in Chile. 449 00:43:35.039 --> 00:43:39.480 If she wants to do something in China, produce, sell, buy 450 00:43:39.519 --> 00:43:45.079 anything, she' s gonna have to pay me for that service. If 451 00:43:45.119 --> 00:43:50.920 anyone registered your mark, maybe some Chinese firm will come over to make you 452 00:43:50.920 --> 00:43:52.960 see you' re in Pelín. That' s what' s gonna happen. 453 00:43:52.199 --> 00:43:55.360 How they realize, for what I told them. They review the Whipo 454 00:43:55.360 --> 00:44:01.159 database of the World Intellectual Propy Organization to see if there is a company with 455 00:44:01.199 --> 00:44:07.360 that name registered abroad. They then check if it is registered in China and 456 00:44:07.360 --> 00:44:09.920 contact the company to inform. That' s what I' m telling you. 457 00:44:10.079 --> 00:44:15.440 They' re companies or they' re registration offices that do that. 458 00:44:15.920 --> 00:44:22.159 Come here is Dr Chan' s beauty products in Mexico. Look yes, 459 00:44:22.400 --> 00:44:27.480 Dr Chan' s beauty products are registered in China. See that it' 460 00:44:27.480 --> 00:44:30.360 s registered. They call you or mark you or send you a correectron hello 461 00:44:30.480 --> 00:44:36.159 another chambira. We' re from the Intellectual Property Office here in China. 462 00:44:36.639 --> 00:44:40.440 We realize that his trademark in Mexico, called Tatata, is also registered in 463 00:44:40.480 --> 00:44:47.480 China and will have three months to file a complaint. If in that three 464 00:44:47.599 --> 00:44:52.159 - month period you do not file a complaint, you will lose your brand 465 00:44:52.280 --> 00:44:54.559 forever and there will no longer be a way to recover. So, if 466 00:44:54.599 --> 00:45:00.480 at any point you lose it in that From that moment on, everything you 467 00:45:00.639 --> 00:45:05.880 do with China is going to have to pay this person And it' s 468 00:45:05.960 --> 00:45:10.880 thousands and sometimes millions of dollars that what companies do is better, because they 469 00:45:10.880 --> 00:45:16.199 leave that mark and have to change to another than the public at best. 470 00:45:17.000 --> 00:45:22.559 He won' t recognize procedure. First it' s going to be written, 471 00:45:23.239 --> 00:45:25.800 that' s if your brand has already registered it, it' s 472 00:45:25.880 --> 00:45:31.960 written and it presents the first opposition brief with arguments and grounds against the trademark 473 00:45:32.039 --> 00:45:36.840 by intellectual property of China before the date Limity. After sending, you will 474 00:45:36.960 --> 00:45:40.679 have three months to supplement the evidence to back up the opposition case. The 475 00:45:40.719 --> 00:45:46.239 Chinese lawyer team will provide you with a list of evidence for your reference, 476 00:45:46.880 --> 00:45:52.719 to back up your position and then send the complementary evidence and final statement to 477 00:45:52.760 --> 00:45:58.519 China intellectual property. Intellectual property of China shall issue the notification of acceptance within 478 00:45:58.639 --> 00:46:01.039 four to five months. If you notice, it' s a long process. 479 00:46:01.800 --> 00:46:07.199 Normally, intellectual property China will make the decision about ten to twelve months. 480 00:46:07.599 --> 00:46:09.639 So there you' ve eaten before your nails for all that time, 481 00:46:10.199 --> 00:46:14.599 because already on this thing that I' m putting them is already recorded. 482 00:46:15.519 --> 00:46:19.920 You don' t register before, but you already got an email that someone 483 00:46:19.960 --> 00:46:24.280 beat you and beat you. What they' re going to ask you for 484 00:46:24.320 --> 00:46:28.239 in the papers there aren' t many. They' re going to ask 485 00:46:28.320 --> 00:46:34.320 you for cane copies of your passport scan of trademark certificate in Mexico to corroborate 486 00:46:34.400 --> 00:46:37.519 that you really own your brand in the country and your domain name certificate, 487 00:46:38.199 --> 00:46:45.119 in addition to a power of attorney for the firm, because at the beginning, 488 00:46:45.159 --> 00:46:46.599 because you won' t have to go to China, but through a 489 00:46:46.679 --> 00:46:52.599 power someone will be able to do all those formalities. There' s the 490 00:46:52.639 --> 00:46:55.639 cost of getting an idea, the varied cost of office office but it' 491 00:46:55.760 --> 00:47:02.039 s between$ 800 and$ 1, 000 already to get into this trial 492 00:47:02.119 --> 00:47:08.199 somehow calling it because someone already beat you to your mark. This includes official 493 00:47:08.440 --> 00:47:14.760 fees, lawyer' s sound, cost of translation of the passport certified of 494 00:47:14.760 --> 00:47:19.639 registration, not including the cost of translation of the opposition tests, the brand, 495 00:47:19.679 --> 00:47:24.280 etc, since intellectual property of China stipulates that all documents in a foreign 496 00:47:24.360 --> 00:47:30.639 language to this office must be in Chinese version for the translation fee that I 497 00:47:31.079 --> 00:47:37.760 quote is usually charged between seventy to one hundred dollars per thousand words and only 498 00:47:37.840 --> 00:47:43.400 in English if they want to make it Spanish, already the cost is a 499 00:47:43.480 --> 00:47:50.880 little higher. What is the registration procedure, as they send the application documents 500 00:47:50.960 --> 00:47:55.840 to intellectual property, they will issue a notice of acceptance of the mark. 501 00:47:55.920 --> 00:48:00.400 In a month you will be doing the result of the training test. How 502 00:48:00.400 --> 00:48:05.400 many six months. There are the documents that I tell you and the cost, 503 00:48:06.000 --> 00:48:12.960 if it is of registration, only not with judgment of annulment of the 504 00:48:12.960 --> 00:48:15.880 previous mark, because it varies between three hundred and five hundred goals. It 505 00:48:15.960 --> 00:48:22.480 ' s cheaper if you realize and less cumbersome to advance you and register your 506 00:48:22.559 --> 00:48:28.880 mark before someone wins it. For a brand, registering a class within ten 507 00:48:28.920 --> 00:48:32.639 goods items is on average, not anymore if they have more than ten products, 508 00:48:34.239 --> 00:48:37.159 because it will increase for this, because they have to approach them. 509 00:48:40.280 --> 00:48:47.880 Veracity what to ask this company that you decide us here, in the office 510 00:48:47.920 --> 00:48:53.800 and in the study center, we have the contact of scientific offices that provide 511 00:48:53.880 --> 00:49:00.559 this service in case you are interested. But like you, you can look 512 00:49:00.639 --> 00:49:06.119 for your own office. Nothing more than that they speak in English, really, 513 00:49:06.199 --> 00:49:12.639 so that they are not only in Chinese. But ask him for the 514 00:49:12.880 --> 00:49:16.880 tony ishopas or a tiima that is like the RFC of Mexico. Ask him 515 00:49:17.719 --> 00:49:22.719 to take a picture of it there, or they can send me an e 516 00:49:22.719 --> 00:49:25.639 - mail and burn. I send you in Chinese the documents you have to 517 00:49:25.639 --> 00:49:31.920 ask for. That includes sometimes unique letters for each Chinese company. It is 518 00:49:31.960 --> 00:49:37.559 mandatory for all companies and other organizations in mainland China. The code states that 519 00:49:37.599 --> 00:49:43.239 the company has been registered and verified with the Chinese Government to operate legally. 520 00:49:43.519 --> 00:49:50.400 Then be careful because there are offices that are fake, because ask this to 521 00:49:50.480 --> 00:49:55.199 verify that the company exists. Also ask for a business license, which is 522 00:49:55.440 --> 00:50:00.519 the Shanget, as it looks, as well as the one I' m 523 00:50:00.639 --> 00:50:07.559 showing on the screen, and you can also check if the company is actually 524 00:50:07.559 --> 00:50:14.440 established. They have codes that they can check on the Internet and they have 525 00:50:14.519 --> 00:50:17.239 the registration number there as well. So that' s what you have to 526 00:50:17.280 --> 00:50:22.920 do. And for my part, here, as always adjusting to the time 527 00:50:22.039 --> 00:50:28.400 I have class at six, also then I leave you here about ten minutes 528 00:50:28.440 --> 00:50:31.039 in case there is any light, any questions. And there' s the 529 00:50:31.280 --> 00:50:37.199 mail always not open for any questions you have. Thank you very much, 530 00:50:39.079 --> 00:50:42.920 how interesting now it turns out that they win us the brand. No yes, 531 00:50:43.119 --> 00:50:49.559 well, this is also here in Mexico operates which is for territory. 532 00:50:49.679 --> 00:50:52.440 Not you to register the mark is by territory and so on in every country. 533 00:50:52.639 --> 00:50:57.880 But, we have here a question that tells us your product when it 534 00:50:57.920 --> 00:51:01.559 is registered in the country of origin, it should be valid in any other 535 00:51:01.559 --> 00:51:07.320 country. I think the law is wrong in China and the MC and customs 536 00:51:07.440 --> 00:51:15.800 should protect is right. I totally agree. But, unfortunately, there is 537 00:51:15.840 --> 00:51:21.559 not yet a world police force that will make this happen. Not then does 538 00:51:21.679 --> 00:51:27.800 each country really make its decision and a problem in China is solved in China 539 00:51:27.880 --> 00:51:34.760 alone there is no way to bring it to a higher body in this type 540 00:51:34.760 --> 00:51:44.159 of problem. Yes, that' s right. To me a doubt arises, 541 00:51:44.519 --> 00:51:50.000 no, because also the one that they register the brand is only for 542 00:51:50.039 --> 00:51:54.840 making transactions with products in China. But I, for example, could allude 543 00:51:55.400 --> 00:52:00.360 to the comment he made on chan cosmetics being sold by another part of the 544 00:52:00.360 --> 00:52:05.239 world. I can still use them like that with that brand or from all 545 00:52:05.239 --> 00:52:07.119 worlds would sue. Yes, you can still use them only. The problem 546 00:52:07.559 --> 00:52:13.719 I' m talking about is from a person who came up. That' 547 00:52:13.760 --> 00:52:17.519 s what he does. He sells products, he sells footballs here in Mexico, 548 00:52:19.039 --> 00:52:23.519 they' re doing great. Then he long ago realized that producing the 549 00:52:23.559 --> 00:52:29.800 balls in China was much cheaper for him. He doesn' t sell balls 550 00:52:30.519 --> 00:52:36.920 in China or pretend to market them at any time. He just wants her 551 00:52:37.000 --> 00:52:42.360 to produce them to sell them here in Latin America. So, to read 552 00:52:42.519 --> 00:52:47.079 this threat email, you tell me listen here you could tell me if it 553 00:52:47.760 --> 00:52:51.800 ' s true or not. So what happened to him is that all the 554 00:52:52.119 --> 00:52:55.960 merchandise that was made for a year and that had not yet been exported to 555 00:52:57.039 --> 00:53:04.480 Mexico, he could lose it. They could be seized because the company that 556 00:53:04.519 --> 00:53:07.400 registered the brand there or the person that registered the brand was already going to 557 00:53:07.559 --> 00:53:12.280 tell me you have to pay so much, because if you' re not 558 00:53:12.400 --> 00:53:19.000 going to get your product out with that brand from China, then that' 559 00:53:19.119 --> 00:53:25.679 s the problem that if you have a commercial production, sales relationship in China, 560 00:53:25.880 --> 00:53:29.199 then your product won' t be able to leave China. And then 561 00:53:29.280 --> 00:53:31.719 that product is what you want to sell in other parts of the world, 562 00:53:31.920 --> 00:53:35.880 which you can do, but if you don' t know about China, 563 00:53:37.559 --> 00:53:44.280 how you can sell it. And over here they ask us for their mail. 564 00:53:44.400 --> 00:53:47.960 Right now we' re going to put them here in the chat and 565 00:53:49.039 --> 00:53:55.000 one other person tells us I import material from China and I ask them to 566 00:53:55.320 --> 00:53:59.480 put my brand with the one I sell in Mexico. They can register my 567 00:53:59.519 --> 00:54:05.280 mark if they can. And most likely if you neglect even the very ones 568 00:54:05.400 --> 00:54:10.320 that produce, that make the product to some employee, someone very alive who 569 00:54:10.760 --> 00:54:15.760 sees it potential, will register it, otherwise you already registered it as well. 570 00:54:15.920 --> 00:54:22.880 Then it would be necessary to approach with some company so that of the 571 00:54:22.880 --> 00:54:27.280 offices that I mention to them, to verify if their trademark is not registered 572 00:54:27.440 --> 00:54:32.280 And if not, then no way to spend about eight hundred dollars like three 573 00:54:32.360 --> 00:54:36.440 hundred to four hundred dollars to register the mark if he is already doing operations 574 00:54:36.440 --> 00:54:45.719 in China. We' re being asked around here if there' s any 575 00:54:45.000 --> 00:54:51.159 risk that the Chinese will consult the Lint database over the Internet and extract brands 576 00:54:51.239 --> 00:54:53.599 and register them in China. Yeah, that, actually, they do. 577 00:54:54.679 --> 00:55:00.280 It' s common for them to do that. If there are any brands 578 00:55:00.400 --> 00:55:02.800 that see you potential and are not registered in China and are not advanced, 579 00:55:04.440 --> 00:55:10.840 then it can happen. However, if you, in your projection, do 580 00:55:12.000 --> 00:55:15.920 not at any time visualize any contact with China, for example, that it 581 00:55:16.599 --> 00:55:22.320 produces or buys them sale, for if you register it, the truth is 582 00:55:22.320 --> 00:55:27.159 irrelevant. Not because it won' t affect them. But if you ever 583 00:55:27.199 --> 00:55:30.400 visualize going into China to sell, to buy, or to be given the 584 00:55:30.440 --> 00:55:37.719 product to make you. So the suggestion is to get ahead of them and 585 00:55:37.840 --> 00:55:42.519 register them, but remember that they have to do that operation within three years. 586 00:55:43.159 --> 00:55:46.440 Maybe they, if they register it, have to use that mark in 587 00:55:46.519 --> 00:55:53.000 three years. If a similar case was not cancelled here, because it says 588 00:55:53.119 --> 00:55:59.760 they tell the supplier to put the Mexico brand there in East China. But 589 00:55:59.800 --> 00:56:06.320 there are interested, well, they are already taking care of whether the procedure 590 00:56:06.400 --> 00:56:08.840 to register the mark that if you can orient them. Well, there' 591 00:56:08.880 --> 00:56:15.039 s the mail and it' s the doctor to check it out. Well, 592 00:56:15.400 --> 00:56:19.960 we' re still hurrying. They ask us if it would be the 593 00:56:20.039 --> 00:56:22.079 same case for India, but well, there it is not yes yes, 594 00:56:22.320 --> 00:56:28.360 for India they would not know or not. We do not have so much 595 00:56:28.400 --> 00:56:32.239 contact with India, but I imagine that they must also have their complex system 596 00:56:32.280 --> 00:56:37.000 and right now that India is growing a lot, because we must pay attention 597 00:56:37.079 --> 00:56:39.400 to the best. We have to do a study center in India Baja California, 598 00:56:39.639 --> 00:56:45.960 later on. Also very good, as I open the microphone for the 599 00:56:46.079 --> 00:56:52.639 panelists ahead seen. Thank you very much, Lupita. Congratulations, Doctor, 600 00:56:52.840 --> 00:57:01.079 this very clear avila, your exposure and very this one we are very shocking 601 00:57:01.079 --> 00:57:05.639 all the information you have given us. There is a popular legend here in 602 00:57:05.920 --> 00:57:10.000 Mexico that says that the national anthem was recorded by g in China and also 603 00:57:10.079 --> 00:57:15.400 the image of the Virgin of Guadalupe, which is something of that, doctor, 604 00:57:15.199 --> 00:57:22.000 I think that is like a myth, a legend. There' s 605 00:57:22.320 --> 00:57:29.000 really no evidence that it' s been registered, but it' s something 606 00:57:29.079 --> 00:57:35.559 popular that people say why. Well, China has that reputation of registering things 607 00:57:35.719 --> 00:57:39.519 from abroad. But as far as I know, it remains only in a 608 00:57:39.599 --> 00:57:45.199 legend, in a myth, it is not real and they also spoke of 609 00:57:45.239 --> 00:57:47.400 the true flag. Then it' s a myth, a legend. Thank 610 00:57:47.400 --> 00:57:52.239 you, thank you, Doctor, my lover. Well, thank you, 611 00:57:52.480 --> 00:58:00.320 Doctor Maximus. Thank you, Guadalupe. Well, LuisÁvila López, Doctor, 612 00:58:01.280 --> 00:58:06.760 congratulations indeed. I also see one to all those who are in the 613 00:58:06.920 --> 00:58:13.000 participants, because it has been a very didactic talk. This one opens our 614 00:58:13.159 --> 00:58:24.159 eyes. I think that would call it pirates acting in very bad faith. 615 00:58:27.159 --> 00:58:32.119 So, yes, you have to be very careful, as Dr Luis Alfredo, 616 00:58:32.519 --> 00:58:39.280 Ávira López, has been saying and reiterating in the brands that want to 617 00:58:39.280 --> 00:58:45.000 be produced, commercialized, imported to re- export any act of commerce. 618 00:58:45.159 --> 00:58:52.880 They are going to take advantage of it and then the purpose is precisely to 619 00:58:52.960 --> 00:59:01.360 obtain resources that I would qualify as illegals definitely because yes using Mexicanism. She 620 00:59:01.480 --> 00:59:07.000 ' s an absolute transa. I congratulate him because he opened our eyes, 621 00:59:07.159 --> 00:59:13.599 because it is an extremely important issue and that will serve then all those who 622 00:59:13.760 --> 00:59:20.320 have been present and in reproduction in Skaga FTA. I believe that there is 623 00:59:20.440 --> 00:59:29.519 a very good dissemination because of the importance of knowing this totally unfair practice in 624 00:59:29.679 --> 00:59:37.920 China. Thank you, Luis Alfredo, thank you Doctor for those words. 625 00:59:37.960 --> 00:59:43.360 Thank you very much to the panelists and well I give you the congratulations that 626 00:59:43.440 --> 00:59:46.719 are here and that also congratulate you because the Chinese speaks very well. But 627 00:59:46.920 --> 00:59:51.679 it is clear that yes, even if we do not know Chinese, we 628 00:59:51.760 --> 00:59:57.719 know that he speaks it very well, because he was living and studying there, 629 00:59:58.320 --> 01:00:00.280 because we will take advantage of him. To finish in time, thank 630 01:00:00.280 --> 01:00:07.360 you for bartering and we will grant you this recognition. Let' s barter, 631 01:00:07.159 --> 01:00:13.519 give the present recognition to Dr Luis AlfredoÁvila for bartering in the virtual 632 01:00:13.639 --> 01:00:17.360 conversation with the importance of brand protection in China, on the twenty- fifth 633 01:00:17.400 --> 01:00:22.320 day of September of two thousand twenty- three and sign our President, Dr 634 01:00:22.440 --> 01:00:29.880 Octavio de la Torre and teacher Daniela Martínez. Thank you very much, Dr 635 01:00:29.880 --> 01:00:31.840 Congratulations. Many thanks to everyone and, as always, a pleasure to be 636 01:00:31.960 --> 01:00:37.039 here on Teles. We' ve reached the end of today' s barge. 637 01:00:37.280 --> 01:00:42.079 Thank you so much for joining us. This was let' s barter 638 01:00:42.599 --> 01:00:45.039 viazon an event tes tels Magas and Mexico. If you liked this talk, 639 01:00:45.480 --> 01:00:51.760 don' t forget to share each event with your contacts so that we continue 640 01:00:51.800 --> 01:00:55.119 to spread knowledge and stay up to date. They find all our talks through 641 01:00:55.119 --> 01:01:01.119 our online education platform, entering double or double FTA Mexico com MX in the 642 01:01:01.559 --> 01:01:07.480 course section, where you can see them again without things. If you' 643 01:01:07.559 --> 01:01:12.199 re interested in a specific topic, send us a message through the social networks 644 01:01:12.320 --> 01:01:15.800 of tels Magas in Mexico and we' ll look for an expert who can 645 01:01:16.159 --> 01:01:16.920 clarify your doubts.