Trademark Infringement?

[Doofus]

I've received an email from what appears to be a legitimate law firm in China, telling me that a company there (which also appears to be real) has applied for a trademark that would infringe on one I already have. This company seems to trade in similar products to me, although I've never heard of them. My trademark backs up one of the best known non-Chinese owned brands in this particular industry, so there could be some benefit to them in copying it.

Apparently I can oppose this application, but it will cost me the thick end of $1,000, plus disbursements. In the past, I've always understood that there's no point in trying to oppose copyright or trademark infringement from China, so this offer to help me came as a bit of a surprise.

How do I find out if I'm being stiffed?

[anonymous-user]

By talking to the dude below. If it's about protecting a business, take insured specialist advice.


https://www.udl.co.uk/our-people/martinvinsome

[Doofus]

Thank you. Isn't he a bit specialised? I'm not in those industries.

[bitchstewie]

Might be worth posting up the email.

Generically speaking we see a lot of this kind of thing via email and it's almost always bullst.

[LDN]

Often this stuff is people / co’s preying on the naive or vulnerable; with regard trademarks. If it’s worth fighting for; it’s likely the person who sent you the email isn’t who you’d use to fight it.

[Doofus]

All the research I've done suggests they are legit.

Gaowo Law IP Agency.

[anonymous-user]

Doofus said:

Thank you. Isn't he a bit specialised? I'm not in those industries.

He can do general too, and can select one of his juniors to save money/

[Burwood]

It will be a scam 100%. I get a couple very year. Kind of some random firm to inform you, don’t you think.

[Doofus]

Burwood said:

It will be a scam 100%. I get a couple very year. Kind of some random firm to inform you, don’t you think.

Yes, but they do appear to be a legitimate, authorised IP agent.

[Burwood]

Doofus said:

Burwood said:

It will be a scam 100%. I get a couple very year. Kind of some random firm to inform you, don’t you think.

Yes, but they do appear to be a legitimate, authorised IP agent.

The con could be sofisticated or basic. A firm web site can be set up in an hour. The ol Chinese company/trademark scam is an old one. If you’re that worried throw the Mail header into a tool to find out exactly where it originated from. Don’t reply to them. If they get a hit on your email they’ll spam the crap out if you.

It’s moot anyway. The law in China is a ‘first to file’. You can’t stop it and are you big in China? I guess probably not. Not only is it first to file you’d gave to cover every province, every single variation and image/word. It would cost big money. And still be a waste of time.

[Burwood]

https://www.chinalawblog.com/2011/03/china_tradema...


My invoice is in the mail

[Doofus]

This is what i suspected, but there's enough therecto make me unsure.

The sender's website has existed since about 2011, for example.

I'll ignore it.

Thanks

[Burwood]

The email will not be from the law firm purported in the email. It will be a spoof. Click ‘reply’ to see the address.

[Doofus]

Burwood said:

The email will not be from the law firm purported in the email. It will be a spoof. Click ‘reply’ to see the address.

I did, and it was.

[Burwood]

Ok mate, good luck. The police warn of the scam. China warns if it but if you want to spend money even thinking about it. All good

[bitchstewie]

Doofus said:

I did, and it was.

Even if it is from them it doesn't mean they aren't just touting for business the same as I get letters and emails from UK companies offering to register or renew domain names for me for the princely sum of just £100.

There's a fine line between out and out scam vs. "you can pay us to do something that you could do yourself and that won't give you any actual benefit".

[akirk]

virtually every domain I purchase for a client / every trademark we set up leads to these types of contact... money for old rope for them as I am sure a number of people do pay...

[Doofus]

I've owned the trademark since 2011, so I didn't do anything to trigger this email.

[akirk]

in what territories do you hold the trademark? If just the UK then I suspect the answer is do 't worry, if internationally or at least in China then I would assume a trademark specialist set it up so get them to look at the situation... If you hold a UK trademark then a Chinese trademark doesn't necessarily infringe if they use it only in China as tat is a different territory- trademarks are marks of trade in the market in which you trade - if you don't trade in a specific market then you have no trademark there - even if you register a trademark in China then unless you trade there you may lose it

[Buffalo]

Within days of submitting our trademark application with the IPO I received a variety of letters, either trying to get us to guarantee the IPO using their services, registering the same IPO on their "international" registers, and infringement notices - as per the OP. TBH it feels like the there's an insider in the IPO...