Many African and international fashion brands rely heavily on China for production, manufacturing, and sourcing. However, protecting intellectual property rights in China remains one of the biggest challenges fashion companies face when scaling globally.

If your intellectual property is not registered in China, it is extremely difficult—if not impossible—to enforce protection.

Well-known fashion brands have faced costly disputes in China. Burberry, for instance, encountered difficulties with its Haymarket check pattern. Apple, too, famously spent millions resolving trademark conflicts. These cases highlight the risks of entering the Chinese market without a solid IP strategy.

The Trademark Problem in China

Many foreign brands face the same issues:

• Prior Trademark Registrations: A third party may register your mark before you enter the market.
• Disputed Classes: Registrations may exist in categories that do not directly match your goods, but still block your use.
• Non-Use Cancellations: Chinese law allows challenges to trademarks that are not actively used for three years.

As a result, years of wrangling at the Chinese Trademark Office often end in disappointment for brand owners.

The Copyright Solution

Unlike many Western jurisdictions, copyright registration is available in China. This makes it a powerful tool for fashion businesses.

Brands can register:

• Logos
• Stylised words
• Patterns and artistic works

Once registered, copyright can serve as crucial evidence in infringement disputes. It complements trademark protection and should be considered an essential part of any brand’s IPR strategy in China.

How Copyright Registration Works

• Voluntary process: Registration is not automatic; it must be applied for.
• Requirements: You must own the copyright in the work (e.g., logo, pattern, stylised brand name).
• Timeline: Registration usually takes only a few months—much faster than trademark registration.
• Effect: A registered copyright can be presented in enforcement proceedings, giving brand owners immediate leverage.

Recent Legal Developments

China has updated its trademark laws in recent years, making it somewhat easier for foreign brands to register marks. However, it is not yet clear how effective these reforms will be against bad-faith registrations by third parties. Copyright registration, therefore, remains a vital safeguard for fashion brands.

What Fashion Brands Should Do

Any fashion business considering manufacturing in China or selling into the Chinese market should take these steps:

1. Register your trademarks as early as possible.
2. Register your copyrights for stylised logos, brand names, and signature patterns.
3. Work with local agents and legal counsel familiar with Chinese IP law.
4. Monitor the Chinese market for infringements.
5. Build copyright into your overall IP protection strategy.

How Cardinal Counsel Can Help

At Cardinal Counsel, we help fashion entrepreneurs and brands protect their intellectual property at home and abroad. Through our trusted network of international partners, we can:

• File copyright registrations in China for your logos, brand names, and patterns.
• Advise on trademark strategy for the Chinese market.
• Assist with due diligence and enforcement in cases of infringement.
• Support fashion businesses in building a comprehensive global IP protection strategy.

Conclusion

China offers enormous opportunities for fashion businesses—but also significant risks if your brand is not legally protected. No fashion brand entering the Chinese market should do so without registering its copyright in its stylised words, logos, or artistic designs.

With copyright registration, you not only gain enforceable rights but also protect your brand equity in one of the world’s most important fashion and manufacturing markets.

Cardinal Counsel is here to ensure African and global fashion brands take the right steps toward securing their future in China and beyond