Protect your trademark before anything else (remember Baubax?)

Apr 30, 2018 | Trademark Blog

Months ago I found this product on IndieGoGo, a travel jacket call BAUBAX, with a very tempting advertising slogan”The World’s Best TRAVEL JACKET with 15 Features”. For a person who does appreciate the convenience of shoving everything in the pockets while traveling, this jacket did caught my attention.

Later I notice that this jacket starts to appear on some of the shopping websites in Taiwan and Hong Kong, it sells quite well, you can even find some unboxing article writing in Chinese. It is great to see a new brand making a strong first kick like this. And here comes the bad news…..

Out of the curiosity and a weird habit grow from work, I look the trademark ‘BAUBAX’ in China trademark database, the search result shock me by showing between 2015-Aug to 2015-November, there are six trademark applications are filed and all of them are designated at class 25(clothes), and one application designate at class 09(sunglass) and one at class 20(furnishing), NONE of them are filed by BauBax, LLC.

I have seen a lot of sticky situations but never like this, six applications all by different applicants in half year.

Tips for  trademark protection

1. Make sure you are not infringing others trademark and file the application before you launch your product. I often got the reply starts with ‘we can file it later if it sells well ‘ and I have a handful of sad stories came from that reply.

2. If you produce the product oversea like in China, Vietnam or Thailand…, you need to think about filling the application in these countries too.

3. With a limit budget, you don’t have to file the application in all trademark classes, choose the most relevant classification to the product and service you provide. For example, if you are in the fashion industry, besides from applying for clothes, Jewelry, try to extend the protection to class for class 35(service: online store, mall, retail ).

4. Keep all record of the advertising and marketing materials, someday you may need to use it against the infringer and the squatter.

Here are some useful links you can go to shall you want some more information on how you can check if somebody registers for your trademark: Links for trademark research

As always, we are always here to help you protect your brand. Contact Musa Trademark today for a free trademark consultation!

Do you want to talk to us about trademarks? Ask some questions?