Foley & Lardner LLP partner Kiri Lee Sharon co-authored The Global Legal Post article, “A guide to registering and protecting cosmetics in Taiwan, China and Hong Kong,” exploring the language issues and special considerations in formulating an intellectual property portfolio for cosmetic brands in the region.
The authors explore factors important to comprehensive brand protection, including a Chinese-translated brand name, packaging and containers, three-dimensional trademarks, design and utility patents, and utility models. They examine comprehensive protection strategies, offer guidance on how to establish early IP protection against potential counterfeiting, and assess methods of enforcement and containment of counterfeit cosmetic products in China, Taiwan, and Hong Kong.
“When formulating an IP portfolio in Taiwan and China, it is crucial for cosmetic brands to consider language issues as a top priority, securing and protecting the official Chinese-translated brand name at the earliest opportunity,” the authors conclude. “Also, it is equally important to regularly monitor the use of the brand by consumers and counterfeiters, value unofficial marketing forms such as brand nicknames, and apply for relevant trademarks and domain names if necessary.”
