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LoupedIn

Published on November 4, 2022 by Jian Xu

What to do when you receive spam emails like “your brand has been registered!”?

How many times have you received unsolicited yet “urgent” emails like this one?

Dear President,

This email is from XXX Intellectual Property Agency, which mainly deal with the IPR registration and dispute internationally. We recently received an application from XXX. They want to register your company’s trademark in China, Hong Kong, Taiwan and some Domain name (.asia/.cn/.com.cn/.hk/.com.hk/.tw/.com.tw).

After our examination, we found that your company were using the keyword, so we inform you to confirm whether this registration will affect your company. If this registration will not affect and conflict your company, then we can finish registering for the applicant as per our duty. If this registration will affect and conflict your company. Please contact us by telephone or email within 10 workdays, so we can better handle the dispute.

Best regards.

XYZ

A lot of companies often receive such emails. Please be assured that those are spam emails. This is a very common tactic of unethical agents either to promote their services or to fraud potential applicants.

However, such spam emails, although annoying, might not be worthless. They might serve to remind companies receiving such emails to review their IP situation/strategy in China. Even if the company has no commercial presence in China but does have Chinese business partners such as suppliers or distributors, it is still important for the client to register their trademark as well as other key IP rights in China. It is always much easier, not to mention cheaper, to register IP rights than to fight off squatted ones.

About the author(s)

Jian Xu
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Dr. Jian Xu is an internationally recognized China intellectual property expert. He is the Managing Director and Head of IP Prosecution of Gowling WLG Beijing. He has been a dually qualified Chinese lawyer and patent/trademark attorney since 2006 and has handled all aspects of IP in China.

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Jian Xu

Dr. Jian Xu is an internationally recognized China intellectual property expert. He is the Managing Director and Head of IP Prosecution of Gowling WLG Beijing. He has been a dually qualified Chinese lawyer and patent/trademark attorney since 2006 and has handled all aspects of IP in China.

Filed Under: Intellectual Property Tagged With: brand, china, Intellectual Property, trademark

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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