For your seven billion dollars. We allegory whenever there is risk to 90 percent
are SMEs that generate eighty per s Dame, twenty minutes of your time and
I, in return, will give you information on the most relevant issues in
foreign trade, tax and customs with a human touch and make a tk a
podcast of telese magas and Mexica hello. How about very good afternoon, welcome,
once again to an edition of let' s barter good afternoon, Doctor
Maximo, how well it is, Thank you, Guadalupe, good afternoon to
you and everyone. Welcome and welcome. Everybody. We also welcome Dr Luis
AlfredoÁvila today that we have him as guest with the importance of brand protection
in China. Welcome, doctor to Vigo Hello, very good afternoon, thank
you for the invitation, doctor chan doctor maximum. How are you? Well,
well, welcome to everyone, what a sight, good afternoon, for
there the other day they put us. That way, where they' re
from, where they' re visiting us today, where we' re bartering
out there, put us in the chat room too to know. And well,
before we start, we' re going to introduce you to Dr Luis
AlfredoÁvila' s face. He is director of the China Baja California Estor
of Studies, PhD in Global Development Studies from the Autonomous University of Baja California,
Master of World Economics from Southwestern University of Finance, Economics from Shangdou in
China, and graduate in Public Accounting from the Autonomous University of Sinaloa. He
is expert translator of Mandarin Chinese language, certified by the Government of Baja California
in two thousand eighteen. He is a teacher of plant in his soul and
coordinator of the faculty of counting and administration of the same House of Studies.
He has recognition of the desirable profile of prodeb and academic excellence by the Mexican
Association of Public Accountants and, well, he is also a professor at the
College. So it' s from home, we can say it that way,
well and already here they' re putting us from where we' re
bartering from city Obregón, sound of Morelia, the Bella Morelia you mix them
as well. Thank you very much Well, doctor, you know the subject.
We' re going to give the paper and in the end we'
re going to give a space for questions and answers for ten minutes. Also
greetings to Nuevo Laredo, Tamaulipas. Go ahead. Thank you, Dr Chami,
and thank you all for being here today. A little informal because it
is an anniversary of the Faculty here and because we are celebrating sixty- two
years then in the faculty and because very happy here also to share with my
other house, which is FTA. Here. Many congratulations to the UABC the
pride of being a caprón. I' m a UABC intern, too.
Ah, I was celebrating Thank you very much, congratulations. Well, then,
notice that on this occasion I was thinking good that I am going and
present here my friends from TELC and I had a situation a few months ago
with one of the clients who are coming here to the center and it was
a problem of the brand precisely because something that we might not be very clear
about, but the system is totally different from what we know in the United
States, in Mexico, in Latin America, and it is important that we
look here at the details, these fine points of how this trademark is carried
out. The importance it has for your business and that not only needs to
be clarified is in whether you want to sell or buy from China, but
also as in the case of the client who told them, all it did
was have a contact there that made him a product. But at the time
of leaving the product you may have problems if your brand is not registered.
It' s what made great features that we' re going to see today.
I' m going to share the screen with you as always, and
there, I' m just like that, you confirm to me the very
good one, so today' s topic is important for brand protection in China.
Obviously, referring to the People' s Republic of China, we are
going to make a difference right now from other areas that we could also consider
as China, like Taiwan, like Hong Kong mccau. But that in none
of these areas or zones are within this methodology that we will see and by
to adjust to the time, as always, as I bring it already digested
in four points. One. First, a review of the records in China,
the risks, the process and, finally, verify the veracity of what
we are receiving from China so that at least we have an idea of where
to look if it is true or something false. True This company is supporting
us, because first reviews records. These are data of two thousand twenty-
two in total patent applications, as China, leader, crosses one and a
half million patents, followed far away by the United States, Japan, South
Korea. And if we look for Mexico, because it has been the second
country in Latin America, just after Brazil, Ya México is ranked thirty-
four globally for patent applications. Here, we are not going to go into
detail, but we already know that patents can be patents that are made in
Mexico, but they are not necessarily Mexican. It may be from foreign companies
that register the patent in Mexico, or it may be from Mexican companies as
well. Then there should be more detail about what kind of patents they are.
This is just a hard piece of information about the number of requests that
are made. We have here also those who most apply for patents on the
left side. Now you see China, now you' re going to see
Mexico and in China you' re leading Huawei. Quahue is the company that
most patents apply within China and is also one of the most patents registered in
the world, not only within the country. Huawai is already a global company.
It is a company that has positioned itself, as we know, as
a frontal competition to the APPLE or the IFO truth and Samtsu that are the
brands that had, because more committed to the market of mobile technology, etcetera.
All that kind of platforms are following him so hard. Or moba that
' s another company that' s dedicated to the cell phone part. There
' s Telecommunication Corporation Boy Technology, which I vote that finds here in Tijuana.
Here is one like a production line Team and Technology and finally appears ZT
which is also the cell phone. Then we see that the cellular phone industry
produces many patents. That can give us an idea that in Mexico, we
would not have that potential. In Mexico, the most patent applicants were mexi
Chen, Vio, nultraceutical assets, industrial technical education centers, NEMAC and UNAM.
Those are the ones who most applied for patents last year. What makes
China different? To start with this point, what makes China different is that
the legal system is not the same as we know here, in Mexico,
or in the United States or Canada. I always put that references because somehow
we' re aligned. China' s system is the heart stofire, which
means the first to show it, the first to record it. Those companies
say they sell their products or offer their services in this country need to obtain
trademark registration in China to avoid others obtaining those trademark rights earlier. Unfortunately,
a lot of people who do trade with China trust each other and think that
it is not really necessary to register, because in the end I do not
have a company in China. I just produce something, but I' m
not really with a permanent establishment in China. The National Intellectual Property Administration later
we will know it as the P cn or China Intellectual Property. In order
for you to remember this right now when I mention it, you carry out
an examination of the requirements of identical or similar marks previously registered. This means
that the existence of similar rights may prevent the registration of a MAC and therefore
the submission should be made as soon as possible. Since unregistered trademarks are not
recognized under China' s Trademark Law, the proprietor of the trademark will be
the first to file the trademark application, which makes China a first of fil
system as I told you then, if You have your trademark registered in Mexico.
That doesn' t guarantee you any kind of protection in China. You
have to register it in China too, and if you get ahead of it,
if someone gets ahead of you, then you lose the right to use
that brand. That' s very dangerous, because this case that I told
you about the product was done in China and I exported it here to Mexico
and here I marketed it, because all Mexico to Latin America. But it
comes to an e- mail to see if any of those who are here
have also happened to them. But he' s got an e- mail
telling him that his trademark was registered in China. Sometimes, when we get
that kind of mail, the first thing we think about is spam. Or
so much spam that we receive that another one, because we are not made
surprising, truth and we do not give it importance there. They tell you,
then, that your trademark is registered in China and that for how long
who registered it, et cetera, et cetera, et cetera. And they
tell you that if you don' t intervene in recovering this brand from that
date, your products are going to be stopped at customs, that is,
they won' t be able to leave China unless you obviously pay, a
lawsuit for making use of a brand that you don' t have the right
to. Then look at a brand that' s your own brand you created
in Mexico. Someone beats you in China. This is very common. There
are people, there are companies that are dedicated to doing this, to looking
for brands abroad and checking if they haven' t been registered in China,
if they haven' t been registered and then, well, they start you.
They wait for time to pass, because you have time, right now,
let' s see where you can get your brand back, but it
' s a long process. Then you have to file that trial as soon
as possible before the end of that time, because, since that period goes
by, you can' t. There' s no human power to get
your sea back then you' d get in trouble because you' re gonna
have to change your brand here in the country. Or good to get into
some legal proceedings. Examples, the battle Apple had in China is a very
important battle that served as an iPhone example in China. It' s capitalized.
They' re wallets. Well, you' re gonna get to China,
and the company produces those kinds of wallets for money, cell phones,
etcetera. And they have that iPhone brand. It was registered before Apple in
China, but they entered a legal process. The company was Shington Cient she
has registered the iPhone brand in upper case for products bags, wallets, cases,
cell phone protectors wallets. From two thousand seven, before there' s
Fone, they registered the mark. What sets Shington Chinchi' s mobile phone
bags and other leather items apart from Apple' s phones, which are what
we know in the world as iPhone. It' s how you write it.
Then the iPhone of the Sinton Chinti brand is written in capital letters and
Apple' s iPhone is written. There is, as you can see,
a lowercase, the I, then the uppercase and the rest. To get
that brand back, they were asking for billions of dollars that Apple obviously refused
or refused to be paying for that, that brand that it found unfair.
It is not that other example, which is perhaps already more tropicalized, even
more so for us. It is the Jordon brand that had a legal problem
against the IMS, as they listen to it, because they used it cynically
and without a flamboyance, that only this company really used the symbol of Lins.
They just put it in red. And look at that. I,
I lived that in my own flesh when I was in China. I went
out of college to teach another city and had to leave very early in temperatures
of less than thirty, less thirty- five degrees, and I remember that
the window ay with all frozen in the middle of the journey between my university
to the school where I taught. I saw the symbol of Lims and always
said I, but how curious that since what will come there, I will
come here a date or something when I get sick and nothing else that I
did not get off, because it was in the middle of the journey that
was about three hours. So if I got off, imagine at that temperature
being there in the cold. I didn' t get off, but once
in the summer, because I got off and it turns out that it was
like a hardware store nothing to do with health services. According to this company,
they had already invented. According to them, notice the logo in a
thousand nine hundred and ninety- six and they registered it in China and as
they are seeing it on their screen. That' s how the company logo
was and you know it' s exactly the same logo as the IMS.
Despite the fact that the LIMS did not claim that the wolf was actually created
in a thousand nine hundred forty- four in Mexico, the company China argued
that it had since registered it in several countries, not only in Mexico,
not only in China, but that it was already part of its company and
that it had no problems, so Mexico did not find how to press it,
because in reality they can use it and they registered it in China,
so I tell them that it is the first of fire, the first to
register And he therefore, obviously, they do not have to be registering his
logo all over the world, true, because imagine each country to register it,
but in most countries of the world it is governed by a truth synchrony
in which I respect your marks, your respect mine, especially in public institutions
that are non- commercial organisms, which have no profit. So, like,
there' s that kind of relationship in which I respect your brands and
you respect your logos and mine, but not everything, so the only argument
that Mexico could give and that it could fight is somehow threaten the company and
tell it good if you want to grow up in Mexico. In Mexico we
' re not going to allow you what, because Mexico' s brand represents
lips And so somehow, Mexico joined with Latin American countries in some way that
would refuse to see this company' s entry with that logo into Latin America,
and that pressured the company to change. It was the only thing that
could change it because legally there was nothing left to do. It seems strange
truth to know that it is our logo, it is the logo of our
health institution. However, nothing can be done if someone registers it in China
before the company finally changed it and now I do. That' s how
you see it on the screen. You can check it on that link.
It' s a company that' s dedicated to electronic tool stuff. It
has a diversity of products and already worldwide changed it after this pressure that Mexico
had with them. What are the risks? Secondly, always the recommendation I
give you is that companies submit their trademark applications in China if you plan at
any time to use the mark. In this country, for example, some
people I have known are involved in producing balls, for example, or clothing
or some medical instrument. I' ve been hit by doctors who produce,
I don' t know the exact name, but to remove the retina when
they operate and they are very specialized instruments that have to be made with strict
quality patterns. Then all these kinds of products. If you ever say I
' d like to see my brand produced and you consider it cheaper for you
in China to produce it, but you' re not going to sell it
in China. You just want to do it in China and then export it
to Mexico. Then you have to be very careful, because if you don
' t protect that brand, then all those products maybe you have a big
inventory in China is going to have to stay there, because if you take
it out, you' re going to have to pay the company that registered
your brand to let you take out the products. If you don' t
get into a legal problem, then all the people who have planned or already
do, should register their brand to prevent a competitor from getting protection from the
smudge first. What happens as I told you, so I manufacture, but
I do not sell in China, it will be necessary to register the brand.
Many companies also ignore that it is also necessary to obtain brand protection if
the manufacturing process is carried out in China. This is because in the Chinese
trademark system it considers that a brand is used in China, although the products
are not sold within the country and are only manufactured. Watch it there then.
Therefore, it is highly recommended to apply for registration of the trademark in
China when it is manufactured in this country, because the manufacturer himself could do
so then, even in the same company that is manufacturing the product has touched
us that it is the same company that unfairly goes and registers the mark and
then wants you in some way extorted, because if he is not going to
keep all your merchandise, because all the merchandise is made with a specific mark
that you are not the owner of it. While there is no record,
you can manufacture and export, but when there is already a record in China,
you have to pay it or you have to reach an agreement with the
person who registered the mark. Therefore, to apply for registration of the trademark
in China when it was manufactured in this country, because the system, as
I say to you, is the first OFA. If the trademark is not
registered in China, there is a risk that the exported goods will be seized
at customs by suspected counterfeiters. What are the systems of registering in the sea
that China, as there are two. The first is the national registration system
and the second is the international system. The second option is the most advisable
one for foreigners. This is because if the brand shows up directly in China,
that is, if you do it nationally, you' re going to
need a local Chinese lawyer. The language of the application must be in Chinese.
No English, French or Spanish are permitted. China respects the international classification
of Nice, which has thirty- four kinds of products and eleven types of
services. But beware because, in addition to this classification of Nice, China
has its own classification. So it' s very important that it' s
a person, an office or a brand registration office who' s an expert
on it, because if not your brand isn' t going to be fully
protected, because they could, out of confusion, put another product or service
that' s not really what you do. Then we have to verify very
well that the office is a certified office. In the end we' re
going to see this truth so you can know if it' s an office
that' s reliable. Not the range. This is not a matter for
Hong Kong, Mackun, Taiwan, or any of us. So, if
you have a trademark and you have it registered in Hong Kong, that doesn
' t mean it' s registered in Chinese, it' s only registered
in Hong Kong. Even if it is registered in China, it is not
protected in Hong Kong. So what you have to see is where the production
is, where your operation is, if you' re Hongo UAs. Well,
well, the recommendation is to register in Hong Kong. If he'
s in China. Mainland China, because it has to be in China.
Products and trademarks services also have a different legal system both outside and within China.
Then you should already review the legislation so much in Taiwan that we already
know that for China, for China it is one more province. But for
Taiwan they look like a different country. In the case of Macao and Fong
Kong, they are special administrative regions. Yeah, they recognize that they'
re part of China. China recognizes that they are part of China as well.
But China gives them that freedom for a few years to have their own
legislation, their own decision- making. So, that' s why they
don' t come within this range that told them cancellation for non- use.
What if I' ve already registered my mark, it' s been
registered forever. Chinese law Supermarca states that if in the following three years,
the registration of the mark has not been used for three years in a row
without a fair reason, it could be subject to a cancellation procedure. Then
don' t believe why I registered it because it' s not going to
be true. Dr Luis told me that it' s not going to be
that my brand is using the record, but I' m actually not doing
anything with it in China, so they' re gonna cancel it for you
in three years. So only this goes for those people who plan to enter
China in a short period of less than three years in which they can actually
use it. The cost, actually, as we' ll see, for
the record, is not very high, already seeing the benefits it has.
But also if you' re not going to make use of that trademark,
then also why would I be true about something they' re not going to
use. China has something particular that in other countries is not so common,
and is that brands tend or should be registered in Chinese characters, unlike other
countries including, for example, Japan, that Japan is a country that also
has a language very different from Spanish. However, the brands are phonetic,
they are marks that are only written in Japanese characters, in Catacana, but
in reality they are still Western brands. Even sometimes it doesn' t even
change to Japanese characters. But not in the case of China. The system
is very complex to make your mark. The suggestions that you also approach with
a company that gives you advice on this. I will tell you here more
or less in broad terms, what kind of brand it is that the translation
that the great majority of the Chinese population could have, because you know it
does not speak English and good, nor do you have why it is true
to ask a Frenchman who necessarily speaks English, for it is not true.
Then it is important to get protection for the brand is its Chinese version,
that is, through translation, that you will be asked for it by the
time of registration of your brand. Otherwise, Chinese consumers will not be able
to remember the mark or recognize it and distinguish it from other brands. For
example, the Starbucks brand, which is a very famous brand of coffee in
China, is not called Starbucks, it is called Chimpa Sin for the Chinese
is a well- known brand, without that star that I imagine from there
comes Star Ward and Pack, it is a translation of Bucks. So,
for the Chinese it' s very easy to recognize this brand and logo and
all of them already know that it' s impaccale Let' s see the
four guys that there are. So briefly for an idea. The first is
purely funetic translation. In the case of Bimbo, for example, Bimbo is
in China. It does not work all over China, only in some regions,
but the brand is called Pingpogg, which is like a very similar sound
to Pimboa. Ping Pole is a type of translation that can be exotic and
project an important image. I mean, if a Chinese guy at Ping Pole
knows he' s not. It' s not a Chinese brand because it
sounds kind of weird. It only sounds phonetic, but it has no meaning
behind it. It' s usually positive in China. The problem is that,
being combinations that have no Chinese character sense, it makes it harder to
be remembered. So neither do the company' s values or the brand say
more than a sound similar to Bimbo, im Pop examples of brands in China
that follows in this logic, as there is McDonald' s, which is
Mihan law Craft, which is Caf, Steamens, which is The Or,
which is Teao Volvo, which is Warwall and Waldmar which is Waterman. So
they' re marks that don' t mean anything. If you ask me,
well, what does McDonald mean, he doesn' t mean anything,
he means anything else, either. They are only assimilation to how the word
is originally pronounced. So, for the Chinese, they' re not that
easy to remember, because it' s like I' m telling you a
brand called Takataka or I don' t know Kikikuku, which you say,
because what does that mean in Spanish? Then it' s hard to remember,
because we don' t relate it to Algox. Number two is when
we' re talking about phonetic translation, taking care of the meaning of the
brand. These cost a lot. They are generally large companies and they want
to give they want to convey a good image to the Chinese. These names
are easy to accept and remember. They help communicate attributes and values that the
company wants to transmit. In addition, due to the similarity in pronunciation to
the original name, a certain degree of global consistency is maintained. However,
it is probably the most complicated translation to develop, because the translator has to
think a lot, a lot to know the company, understand what it means,
what it is dedicated to the company, etcetera, etcetera. Here are
several examples because large companies pay to have a privileged position in China, lest
the market recognize it, that they are brands that transmit values, positive things,
because the characters, are ideas, are ideograms. So, imagine if
I have a company and I won' t want to put the character of
death or accident or disease things, because obviously, I don' t want
my brand to have a character like that, but an inexperienced person can put
you a negative character, because, because it sounds that way true. But
there are different pronunciations. Here we have, for example, Iqua, which
is literally igia, means like a suitable house, like a very good house.
So it reflects whether you see what Iquia wants to sell or what Marbor,
who is Juan Paulu, means street with ten thousand Coca Cola treasures,
is a very important brand. It' s k that means delicious to taste
and that gives you happiness. So, imagine when a Chinese person sees Kreklla,
because he understands that it is something tasty and besides it will give you
happiness. Then allows this mark very well what Pepsicola means, pisic hello a
hundred happy things, the country and the hundred reflects at most. Then you
get a lot of happiness the pepsi The sabo is cypay Way, full of
a hundred flavors. Carrefur, which is the most important brand in China,
as well as supermarkets, was the first to arrive in China. It'
s a French brand that for those of us already here a little bit bigger,
they will remember that in Mexico it was a long time ago, a
little I think that by Mexico City, by some cities, Carrefurt arrived.
Then he bought it. I don' t know if they' re giant
and then I don' t know if they' re already Soriana now.
I lost track of it, but at some point there was here in Mexico,
there is still in Chile, in Latin America and in Europe, because
it is very popular. France is the one that originated this brand and in
China it is called Jalefoo, which means family blessing, that is to say
family. Good fortune for the family. Palomá is the BMW, which is
prized, horse that is horse that everyone wants Mercedes times in penturere speed of
starring. Jaguar is jepal Leopardo Bernador, Posshre is bossch World, Rico Hulet
is going to fall qaite hool general benefit And finally, it is the abritas
that we know. I hope it' s the law in English. In
China it is lushi and means happy moment. So, if you notice these,
it' s going to cost you more, I think, for a
company that' s starting up and this is probably not the right thing to
do, because if you want to convey an idea, then yes, this
is the idea. But if you just want to have a phonetic translation of
your boat, with it being a meaningless word, but it doesn' t
have negative words like death, like accidents, diseases, etcetera, I think
you' d meet the goal. There is a third that is a semantic
translation, that is, phonetically it doesn' t match, it doesn'
t sound like the one before the mark, but it does sound like the
original meaning. For example, the Apple brand in China is called hinquo because
xinquo is apple. So here' s another kind of translation of your brand
that you say means this literally, Apple is apple to it. But we
know that Apple is called in Mexico, in Argentina, in Russia, in
Australia, everywhere, although we don' t speak English, the brand is
called Apple in China. No. In China it is not called Apu,
it is called King Quol, because for the Chinese it is easier to remember
the obo is an apple. In English it' s Apple, because it
really makes sense that it' s called King Wox. Examples of that are
not many, because here we would have to translate literally into escape. For
example, it means che chao café, which is literally chea. It means
the nest, that' s nest of neltle truth coffee, then coffee nest,
that is, the coffee nest, because the one we saw chincuo is
apple, Microsoft is wey which is micro and Rand which is soft. So,
Microsoft, because it would be micro soft in Spanish and in Chinese it
becomes Waiterand that literally means that you Wagen, which in German means as public
car of the popular people of the people, because that means also in China
it is tachung chicho, that it is a car of the chell people is
literally that it is the shell and foot is brand. So, there,
Finese is very clear. It' s the brand of the conch and for
them remember it. And finally, I fill the milk that would be as
general electric, because in Chinese means the same ton tong tin Zi, which
is general electric. The last one is not recommended, but some brands,
because they have used them because sometimes the arrival in China was faster than the
attempt to register it. Then they are unconnected translations, without phonetic or semantic
connection. Perhaps they can be based on logos, curiosities and such translations can
be easily remembered and they can be chosen according to the positioning of the brand,
that is, they sometimes arrive before the brand can do the translation,
the same people recognize it and start calling it a little bit, like we
tell the bread Bimbo that it is the bar. We tell everyone bread Bimbo
truth or his habite we tell everyone javitel, even though there are different brands,
because he managed to have so much influence that the people gave him that
idea. In China it is more or less this that happens with the inconex
translation and here, then, we find, for example, City Bank,
which is Huax, the bank with the colorful flag, as the realph Lowrence
that the Chinese see. Then you see a horse, and you see three
legs. So, then, it' s going to be called san ya
or it' s the three duck horse. That' s the Ralph Loren
or Hong brand in China, marril is one holl which is ten zero Continental
éits, because I see a horse logo and it' s a German brand.
So all Hull map Hi, the brand of the German horse Heineken,
the Sili as strength and neutugine, which is branded creams or things for the
face is Lutha Shion, which is transparent dew. So, if you realize
here the Chinese who beat the brand, you popularized a way to recognize this
brand and, therefore, they retained that idea that the Chinese had process to
advance a little in them. First let' s assume that you already brought
them that mail, that dreaded mail that your brand had, because it was
already registered in China Who was, because Dr Luis Verdad there that came to
give you the talk in FTA. He checked your mark before you guys noticed.
Then someone in China already registered it to him. They how they realize
it. They' re going to look for a database of Huipo, which
is the international body, and they' re going to see, for example,
Dr Chan has I don' t know any Champions beauty products and I
' m going to look into China' s database. This is what they
do and I see that there is not registered to Cha beauty products. I
get into Dr Char' s product page and I see that she has a
great variety of products, like I think at some point she' s going
to have to go to China to make them cheaper, because it' s
going to lower your cost. Then I advance to the doctor and register chan
beauty products in China. When she wants to start that product, she'
s going to have to pay me, because I own her brand in Chile.
If she wants to do something in China, produce, sell, buy
anything, she' s gonna have to pay me for that service. If
anyone registered your mark, maybe some Chinese firm will come over to make you
see you' re in Pelín. That' s what' s gonna happen.
How they realize, for what I told them. They review the Whipo
database of the World Intellectual Propy Organization to see if there is a company with
that name registered abroad. They then check if it is registered in China and
contact the company to inform. That' s what I' m telling you.
They' re companies or they' re registration offices that do that.
Come here is Dr Chan' s beauty products in Mexico. Look yes,
Dr Chan' s beauty products are registered in China. See that it'
s registered. They call you or mark you or send you a correectron hello
another chambira. We' re from the Intellectual Property Office here in China.
We realize that his trademark in Mexico, called Tatata, is also registered in
China and will have three months to file a complaint. If in that three
- month period you do not file a complaint, you will lose your brand
forever and there will no longer be a way to recover. So, if
at any point you lose it in that From that moment on, everything you
do with China is going to have to pay this person And it' s
thousands and sometimes millions of dollars that what companies do is better, because they
leave that mark and have to change to another than the public at best.
He won' t recognize procedure. First it' s going to be written,
that' s if your brand has already registered it, it' s
written and it presents the first opposition brief with arguments and grounds against the trademark
by intellectual property of China before the date Limity. After sending, you will
have three months to supplement the evidence to back up the opposition case. The
Chinese lawyer team will provide you with a list of evidence for your reference,
to back up your position and then send the complementary evidence and final statement to
China intellectual property. Intellectual property of China shall issue the notification of acceptance within
four to five months. If you notice, it' s a long process.
Normally, intellectual property China will make the decision about ten to twelve months.
So there you' ve eaten before your nails for all that time,
because already on this thing that I' m putting them is already recorded.
You don' t register before, but you already got an email that someone
beat you and beat you. What they' re going to ask you for
in the papers there aren' t many. They' re going to ask
you for cane copies of your passport scan of trademark certificate in Mexico to corroborate
that you really own your brand in the country and your domain name certificate,
in addition to a power of attorney for the firm, because at the beginning,
because you won' t have to go to China, but through a
power someone will be able to do all those formalities. There' s the
cost of getting an idea, the varied cost of office office but it'
s between$ 800 and$ 1, 000 already to get into this trial
somehow calling it because someone already beat you to your mark. This includes official
fees, lawyer' s sound, cost of translation of the passport certified of
registration, not including the cost of translation of the opposition tests, the brand,
etc, since intellectual property of China stipulates that all documents in a foreign
language to this office must be in Chinese version for the translation fee that I
quote is usually charged between seventy to one hundred dollars per thousand words and only
in English if they want to make it Spanish, already the cost is a
little higher. What is the registration procedure, as they send the application documents
to intellectual property, they will issue a notice of acceptance of the mark.
In a month you will be doing the result of the training test. How
many six months. There are the documents that I tell you and the cost,
if it is of registration, only not with judgment of annulment of the
previous mark, because it varies between three hundred and five hundred goals. It
' s cheaper if you realize and less cumbersome to advance you and register your
mark before someone wins it. For a brand, registering a class within ten
goods items is on average, not anymore if they have more than ten products,
because it will increase for this, because they have to approach them.
Veracity what to ask this company that you decide us here, in the office
and in the study center, we have the contact of scientific offices that provide
this service in case you are interested. But like you, you can look
for your own office. Nothing more than that they speak in English, really,
so that they are not only in Chinese. But ask him for the
tony ishopas or a tiima that is like the RFC of Mexico. Ask him
to take a picture of it there, or they can send me an e
- mail and burn. I send you in Chinese the documents you have to
ask for. That includes sometimes unique letters for each Chinese company. It is
mandatory for all companies and other organizations in mainland China. The code states that
the company has been registered and verified with the Chinese Government to operate legally.
Then be careful because there are offices that are fake, because ask this to
verify that the company exists. Also ask for a business license, which is
the Shanget, as it looks, as well as the one I' m
showing on the screen, and you can also check if the company is actually
established. They have codes that they can check on the Internet and they have
the registration number there as well. So that' s what you have to
do. And for my part, here, as always adjusting to the time
I have class at six, also then I leave you here about ten minutes
in case there is any light, any questions. And there' s the
mail always not open for any questions you have. Thank you very much,
how interesting now it turns out that they win us the brand. No yes,
well, this is also here in Mexico operates which is for territory.
Not you to register the mark is by territory and so on in every country.
But, we have here a question that tells us your product when it
is registered in the country of origin, it should be valid in any other
country. I think the law is wrong in China and the MC and customs
should protect is right. I totally agree. But, unfortunately, there is
not yet a world police force that will make this happen. Not then does
each country really make its decision and a problem in China is solved in China
alone there is no way to bring it to a higher body in this type
of problem. Yes, that' s right. To me a doubt arises,
no, because also the one that they register the brand is only for
making transactions with products in China. But I, for example, could allude
to the comment he made on chan cosmetics being sold by another part of the
world. I can still use them like that with that brand or from all
worlds would sue. Yes, you can still use them only. The problem
I' m talking about is from a person who came up. That'
s what he does. He sells products, he sells footballs here in Mexico,
they' re doing great. Then he long ago realized that producing the
balls in China was much cheaper for him. He doesn' t sell balls
in China or pretend to market them at any time. He just wants her
to produce them to sell them here in Latin America. So, to read
this threat email, you tell me listen here you could tell me if it
' s true or not. So what happened to him is that all the
merchandise that was made for a year and that had not yet been exported to
Mexico, he could lose it. They could be seized because the company that
registered the brand there or the person that registered the brand was already going to
tell me you have to pay so much, because if you' re not
going to get your product out with that brand from China, then that'
s the problem that if you have a commercial production, sales relationship in China,
then your product won' t be able to leave China. And then
that product is what you want to sell in other parts of the world,
which you can do, but if you don' t know about China,
how you can sell it. And over here they ask us for their mail.
Right now we' re going to put them here in the chat and
one other person tells us I import material from China and I ask them to
put my brand with the one I sell in Mexico. They can register my
mark if they can. And most likely if you neglect even the very ones
that produce, that make the product to some employee, someone very alive who
sees it potential, will register it, otherwise you already registered it as well.
Then it would be necessary to approach with some company so that of the
offices that I mention to them, to verify if their trademark is not registered
And if not, then no way to spend about eight hundred dollars like three
hundred to four hundred dollars to register the mark if he is already doing operations
in China. We' re being asked around here if there' s any
risk that the Chinese will consult the Lint database over the Internet and extract brands
and register them in China. Yeah, that, actually, they do.
It' s common for them to do that. If there are any brands
that see you potential and are not registered in China and are not advanced,
then it can happen. However, if you, in your projection, do
not at any time visualize any contact with China, for example, that it
produces or buys them sale, for if you register it, the truth is
irrelevant. Not because it won' t affect them. But if you ever
visualize going into China to sell, to buy, or to be given the
product to make you. So the suggestion is to get ahead of them and
register them, but remember that they have to do that operation within three years.
Maybe they, if they register it, have to use that mark in
three years. If a similar case was not cancelled here, because it says
they tell the supplier to put the Mexico brand there in East China. But
there are interested, well, they are already taking care of whether the procedure
to register the mark that if you can orient them. Well, there'
s the mail and it' s the doctor to check it out. Well,
we' re still hurrying. They ask us if it would be the
same case for India, but well, there it is not yes yes,
for India they would not know or not. We do not have so much
contact with India, but I imagine that they must also have their complex system
and right now that India is growing a lot, because we must pay attention
to the best. We have to do a study center in India Baja California,
later on. Also very good, as I open the microphone for the
panelists ahead seen. Thank you very much, Lupita. Congratulations, Doctor,
this very clear avila, your exposure and very this one we are very shocking
all the information you have given us. There is a popular legend here in
Mexico that says that the national anthem was recorded by g in China and also
the image of the Virgin of Guadalupe, which is something of that, doctor,
I think that is like a myth, a legend. There' s
really no evidence that it' s been registered, but it' s something
popular that people say why. Well, China has that reputation of registering things
from abroad. But as far as I know, it remains only in a
legend, in a myth, it is not real and they also spoke of
the true flag. Then it' s a myth, a legend. Thank
you, thank you, Doctor, my lover. Well, thank you,
Doctor Maximus. Thank you, Guadalupe. Well, LuisÁvila López, Doctor,
congratulations indeed. I also see one to all those who are in the
participants, because it has been a very didactic talk. This one opens our
eyes. I think that would call it pirates acting in very bad faith.
So, yes, you have to be very careful, as Dr Luis Alfredo,
Ávira López, has been saying and reiterating in the brands that want to
be produced, commercialized, imported to re- export any act of commerce.
They are going to take advantage of it and then the purpose is precisely to
obtain resources that I would qualify as illegals definitely because yes using Mexicanism. She
' s an absolute transa. I congratulate him because he opened our eyes,
because it is an extremely important issue and that will serve then all those who
have been present and in reproduction in Skaga FTA. I believe that there is
a very good dissemination because of the importance of knowing this totally unfair practice in
China. Thank you, Luis Alfredo, thank you Doctor for those words.
Thank you very much to the panelists and well I give you the congratulations that
are here and that also congratulate you because the Chinese speaks very well. But
it is clear that yes, even if we do not know Chinese, we
know that he speaks it very well, because he was living and studying there,
because we will take advantage of him. To finish in time, thank
you for bartering and we will grant you this recognition. Let' s barter,
give the present recognition to Dr Luis AlfredoÁvila for bartering in the virtual
conversation with the importance of brand protection in China, on the twenty- fifth
day of September of two thousand twenty- three and sign our President, Dr
Octavio de la Torre and teacher Daniela Martínez. Thank you very much, Dr
Congratulations. Many thanks to everyone and, as always, a pleasure to be
here on Teles. We' ve reached the end of today' s barge.
Thank you so much for joining us. This was let' s barter
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