Expanding your business into overseas markets can be exciting. With growing economic ties to New Zealand, China presents an excellent opportunity for businesses to access a vast new market. However, before entering the Chinese market, you should understand how to protect your intellectual property overseas, including your trade marks. If you have existing trade marks for your business, you can consider developing a Chinese language trade mark. This article explores how.
Expanding Your Business to China
First, it is important to understand why you may consider expanding your business to China. Entering the Chinese market allows New Zealand companies to diversify their customers and reduce reliance on domestic markets. This makes expanding your New Zealand business to China a strategic move.
Further, China has a growing appetite for high-quality products, primarily due to its:
- massive consumer base;
- economic growth; and
- growing middle-class.
More specifically, there is a demonstrated demand for New Zealand goods, including dairy, meat and wine.
What are Chinese Language Trade Marks?
A Chinese language trade mark refers to adapting your English trade mark into the Chinese script. It is effectively the Chinese version of your brand name or logo.
It is important to consider that converting your English trade mark into Chinese is like crafting a new face of your brand’s identity. The characters you select must convey the same values as the original English trade mark, which can be difficult.
Continue reading this article below the formThe Significance of Chinese Language Trade Marks
Protecting your intellectual property in the markets you operate is paramount. Without a trade mark, there is a risk of others registering similar trade marks in China. This may lead to infringement issues and brand confusion.
More specifically, a trade mark in the Chinese language can significantly boost your brand’s presence in China. It allows you to connect with Chinese-speaking consumers, making your products or services more accessible. Not only will a Chinese language trade mark make your goods or services more accessible to the Chinese market, but it will also serve as a sign of respect and build trust and loyalty amongst your new target market.
Developing a Chinese Language Trade Mark
Creating an effective Chinese language trade mark requires careful consideration. The approach you choose depends on various factors, including the nature of your brand.
The table below details the various ways you might choose to develop your Chinese language trade mark.
| Translation Types | Description |
| Literal translation | A literal translation is an option if your English trade mark has a direct Chinese equivalent. For example, the technology company ‘Apple’ is called 苹果 (Píngguǒ) in Chinese, literally meaning “apple.” |
| Transliteration | Transliteration involves translating the phonetics or sound of your brand name. For example, technology company Sony is transliterated in Chinese as “索尼” (Suǒní). |
| Loose translation | When there is no direct equivalent, you may consider choosing a loose translation that retains the essence of your brand in Chinese. |
| Creative translation | You may choose to develop a creative Chinese name that still preserves the core elements of your original trade mark. This might even make it more appealing to Chinese consumers. |
| Combination approach | Combine transliteration and translation to maintain your trade mark’s essence while making it attractive to Chinese consumers, as exemplified by Gucci’s Chinese trade mark 古琦 (Gǔqí). Gucci’s Chinese name is a phonetic imitation, with the addition of the character ‘古’ meaning ancient. |
Protecting Your Chinese Language Trade Mark in China
After developing your Chinese language trade mark, it is vital to protect it with registration. You may choose to first register your mark in New Zealand and then extend your protection to China through international agreements, such as the Madrid Protocol. This method can streamline the registration process.
Alternatively, you can register your mark in China directly. This will require you to register your trade mark with the relevant Chinese authorities, the China National Intellectual Property Administration (CNIPA).
Seeking Professional Assistance
Navigating Chinese language trade marks can be extremely difficult, particularly if you do not come from a Chinese-speaking background. To ensure your brand is adequately protected and resonates with Chinese-speaking consumers in China, you should consider seeking professional assistance. An experienced trade mark lawyer can guide you through the trade mark registration process and develop a robust intellectual property strategy tailored to the Chinese market.
Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.
Key Takeaways
With growing economic ties to New Zealand, China presents an excellent opportunity for businesses to access a vast new market. Part of expanding your business to China is the need protect your intellectual property overseas, such as through Chinese language trade marks.
If you need assistance protecting your trade marks in China, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.
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