Stage 05 · Pitfalls

Skipping Pre-Entry IP Filings

First-to-file jurisdiction

China is a first-to-file jurisdiction — and the moment you disclose your brand or technology, a determined third party can file first.

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Skipping Pre-Entry IP Filings

First-to-file jurisdiction

The wrong assumption: “We'll register trademarks after we set up.”

The original owner can then be treated as the infringer in its own brand. The cost of a squatting dispute is orders of magnitude higher than the cost of timely filing.

The right approach: File trademarks (including the Chinese-character transliteration your customers will actually use) and key patents before any substantive business discussions.

What we cover
  • File before you negotiate
  • Register the Chinese-character transliteration
  • Cover key patents and domain names early
Typical deliverables
  • Pre-entry filing strategy
  • Class-coverage and clearance searches
  • Anti-squatting enforcement
TrademarkFirst-to-FileAnti-Squatting

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