Several Legal Issues Of Chinese Firms Cross-Border Acquisitions Of Trademark

With the deepening of economic reforms, the cross-border acquisition has become an important way for them to quickly and aggressively conquer overseas markets, and the acquisitions of existing world-famous trademark have become one of the main routes. The paper mainly discusses the typical legal issues of Chinese firms cross-border acquisitions of trademark according to plentiful acquisition cases, and present reasonable recommendations so as to get more Chinese firms involved and taken advantage of the opportunities and challenges bestowed by era.In Chapter one, the paper firstly talks about basic concepts of cross-border acquisition of trademark. Then Patterns of cross-border acquisition of trademark is the next to be discussed. Presently, the two main patterns to acquire trademark across border are whole-firm buyout and direct buyout. Lastly, it gives an analysis of current situation of Chinese cross-border acquisition of trademark. Activities of Chinese cross-border trademark acquisition are indeed booming in recent years, but the success rate of which is low. And private enterprises gradually become the most significant participants of cross-border acquisition of trademark in China.In chapter two, the paper focuses on legitimate issues arisen by cross-border acquisition and trademark features. The legitimate issues include trademark ownership defects, trademark territory, trademark relevance, and legal impediment of target country, drawbacks of dependency on overseas intermediary and the lack of relative legislation at home. The abovementioned issues are enough to affect the success rate of cross-border acquisition of trademark. Chinese firms need to broaden their global horizons, develop sustainable development thinking mindset and attach importance to trademark with strategic insight.In chapter three, combine with the reality and existing problems of Chinese cross-border acquisition of trademark, the paper discusses the counterplans to increase success rate of cross-border trademark acquisition. The counterplans are listed below. They are taking full inspection of trademark law condition, familiarizing legal environment of target country, operation and integration after acquisition of trademark, cultivating legal team that proficient in cross-border acquisition of trademark and perfect related laws and regulations. The paper also offers steps and measures based on the specific national conditions and actual needs of firms aiming at helping and safeguarding Chinese firms’ survival and development in fierce global competition.