Why trademark due diligence matters
February 28, 2012 | BY
clpstaff &clp articlesApple's long running dispute with Proview Technology Shenzhen highlights the importance of due diligence and getting it right first time in China.
“Do your due diligence, find out who owns the marks, do not take what the other side says as fact, verify everything separately and make sure none of the documents are fakes,” was the advice of one lawyer when talking about trademark due diligence in China
Stan Abrams, of counsel at GoldenGate Lawyers, was talking about the lessons that could be learned from Apple's iPad dispute, which has raised the question of due diligence in China when buying or transferring trademarks and highlights the importance of getting things right first time.
Acquiring a trademark in China can be complicated. Trademark squatters mean comprehensive searches of databases and agencies to verify official documentation are needed. A lawyer close to the case always advises his clients to check and spend extra time when performing due diligence.
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