The LEHMAN, Lee & Xu China Trademarks Newsletter keeps you up to date on recent developments in
China Trademark law and practice
The Number One Thing You Must Do To Sell Your Product in China
Everyone knows about China’s large population, and large, growing middle class. Foreign companies are falling over themselves to get into this market with quality branded products. Typically they bring their foreign Trademarks and brand names with them.
While we are sure your Trademark are very clever and unique in your native language, none of that translates to the Chinese consumer. The vast majority of Chinese do not speak English, even fewer speak French, German, or other European languages.
In this circumstance, you are going to have to adapt your brand name into Chinese to successfully break into the Chinese market. A Chinese product name is required by law anyway, and a Chinese name will be more recognizable for the Chinese consumer, which is the whole point of having a trademark.
This can be done through direct Translation, if your brand name is a otherwise commonly used word, or Transliteration, if your brand name has a distinctive sound, but no real meaning. Successful transliteration is done by finding the right set of Chinese characters that sound similar to your brand, while conveying uniqueness or some kind of positive imagery or feeling in the native Chinese speaker. Good transliteration requires a native Chinese speaker. When picking a Chinese character, it is important to avoid one which has a negative meaning or which has little resonance with Chinese consumers. Don’t worry. Our China Trademark Attorneys can help.
Foreign Companies which register their foreign trademark in China, but do not register a Chinese translation or transliteration of the mark may find that their Chinese partners or distributors, or just a happy customer have taken that liberty for themselves, and are now marking other products or reselling the same products under their own Chinese version of the Foreign Company’s Trademark.
This document has been created for educational purposes for clients, potential clients and referrers of services to LEHMAN, LEE & XU, and to alert readers to the services provided by LEHMAN, LEE & XU. It is not intended to serve as definitive professional or legal advice, and should not be relied upon as such. LEHMAN, LEE & XU does not endorse any personal opinions which may be contained herein.
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