The answer to that question varies depending on the owner of the company and whether he or she intends to promote the company name as a BRAND like Apple, CocaCola and McDonald’s whereby these names are their company name as well as their brand name which worth millions or even billions of dollars.

In Malaysia, one common trait or mistakes often appear in one’s mind is “I’ve already register my company name under Company Commission of Malaysia, SSM for short, what for do I need to register my name again?” As mentioned in some of my previous article, company name registration and trademark registration are separate entity and is under different statutory protection. You may own the name as a company under SSM, but you may not be able to promote said name if someone else has or had register it as their trademark. 

This matters more should you intend to expend your businesses into China where English company name plays almost no role as far as the local authorities are concern. To form up a business entity in China either by way of joint ventures or a simple representative office, you must select both an English name and Chinese name for that entity. Do note that only the Chinese name has any legal relevance for being the national language. The selected Chinese name needs to be approved by the State Administration of Industry and Commerce (SAIC) and must not be in conflict with any prior registered company names. The English name, on the other hand, is just a trade name that appears on your company rubber stamp or seal. No approval is required and you may change it at will. If you haven’t formed a business entity in China, then you have no presence other than the names you use on your goods and services. 

Now, you got your company or business entity successfully formed up, no one in China will be able to register identical company as yours. BUT, likewise it did not grant your company name any protection in regards to branding or trademark. Meaning, a third party could have easily register your name as a trademark or could register your company name as its own company. To our surprise, most companies cares only about the latter and neglected the importance of registering your English company name as a trademark if excluding others to use it as promotional means is the intention. Similar effect goes to the Chinese name if exclusive rights are intended unless your company name is your brand or trademark as the examples mention above. These company would have secured both limbs for full protection. 

Also been previously shared, China has been well publicized for its exception for “well-known” mark in China. You could claim that your mark is very much well-known in your home country where no one in your industry would not have not known your existence. So, unless your name are like CocaCola or McDonald’s which is well-known globally, NEVER assume the well-known-ness of your name in China as it’s is not the standard for determining well-known-ness.  To claim well-known in China, you must be able to establish that your name is actually well-known in China itself not your home country. A good example would be our famous Paparich and Old Town which is relatively well-known in Malaysia for kopitiam, even if one would not have operate such a business. But if we were to stop 100 people walking down the street in BeiJing, how many do you think would be able to correctly identify either company? 

Bottomline, to fully protect your English company name AND Chinese company name alike, it should be submit for registration with the China Trademark Office. Dependence on other forms of protection is simply impossible and whimsical to begin with.

If you need to know more about the trademark registration process or questions,
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