Cannabis Brand Trademarks Registered by Chinese Suppliers

Vapelax filled all these TM?

Vapelax uses Naixing as a shell company to circumvent an exclusivity contract they have with a Taiwanese investor.

They are currently involved in two lawsuits:
Smoore vs Naixing.
Vaplax vs Taiwanese investor.

All of these TM’s have been filed by Naixing/Vapelax

We have spoken to several brands and they knew nothing about this and are currently consulting with their legal teams as we know.

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Doesn’t look like DIMES on there or did I miss it?

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Congratulation! Your brand didn’t register by them.
Here is the full list:



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This whole thing stinks of some shady moves as this factory works exclusively with my old distributor (Next Level) for my AVD brand.

My wife filed our trademark for “AVD” - Advanced Vapor Devices in 2018 and worked with my distributor until last September 2021.

I later found out the owner of my former distributor had attempted to file the trademark for “Advanced Vapor Devices” in December of 2020 and never bothered to tell us. When we asked about it, they never answered or explained why.

Fortunately, we discovered this and filed opposition before being granted.

Coincidence that Next Level and Naixing have tried to secretly file all these TM’s in China without anyone knowing??? Hmmm….

They also stole our website domain (www.avd710.com) when “doing some upgrades to the website and had asked us for log-in credentials. Fortunately, I have them on record of this and we are working to get it back.

If you’re continuing to do business with these slim shady’s, don’t say I didn’t warn ya.

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I had this happen with a vape cart. A company registered my logo with Transpring so when I tried to get my carts thru another broker I couldn’t because it was registered with the first company.

Interesting.

They are basically holding your trademark for ransom. It’s not just cannabis that they do that to.

I am really surprised that most people did not notice this earlier including @AVID you are in China this is a very routine practice and has been going on for the last five years within the vaping industry with the last couple of years this gaining massive momentum.

Once US pod systems and disposables started gaining market share with them breaking into the Chinese market these people switched gears.

I have had two of marks registered there. I was able to successfully recover one of them but this is a massive problem for brands entering Chinese market not really so much for US cannabis brands unless they go into the Chinese domestic market

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Did you just give them the information for the website or the actual domain name at the registrar with whom your domain is registered with.

You should be able to get control of the domain fairly quickly once you file a complain with the domain registrar

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“You know you’ve arrived in cannabis when . . .”

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I think there is a concern that most if not all of cannabis brands are overlooking.

There have been recent cases of factories filing TM’s of certain brands and then blocking the exportation of goods produced in China under those brands, so this has little to do with preventing cannabis brands from entering the Chinese market, but moreso on holding you hostage to using them as a supplier.

This is becoming a new strategy within China because of its “first to file” TM system that makes it absolutely legal for a Chinese factory or company to do that.

While this may not be the case and I’m simply causing fear that doesn’t exist, it makes you question the methods and tactics being used, especially, when all these marks were filed by the same factory within the past 30 days.

Pending the new registration and licensing laws by China Tobacco, I see some tomfoolery going on and when it only costs about $500 to register your TM in China, I think it is foolish to ignore.

We now file all trademarks of anything we produce both in China and in USA simply to be safe.

This lack of filing cost Apple $60M to simply get their TM for “iPad” from a squatter in China, as the article indicates.

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Yes. I had thought I had lost this evidence, as I didn’t have before and they claimed there wasn’t much they could do in a dispute. This was recently extracted from some archived communications from basecamp from years ago.

I do think you have multiple means of getting this domain back if you have any issues let me know and I’ll try my best to help you with this long as you have the means to prove you actually did own this name.

I was a web host about 20 years ago and I been through all this with domain names and squatters taking advantage of the situations.

Far as trademarks are concerned your 100% right multiple vape brands had to enter the Chinese market under different names but others had issues exporting too

It’s really a shit show when it comes to how trademarks are handled

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Because that’s the kind of people they are when it comes to business. They are horrible unethical business people who like to screw Americans.

Nobody can she anyone they aren’t a citizen in. You have to be the citizen of said country and hold liabilities to be sure there.

Nope. But you may want to have some do a specific search for your brand. Another thing brands don’t realize is by simply filing a TM, it is much easier to stop small shady factories from selling fakes and counterfeits. If you DO have a TM in China, then it is relatively easy to ask them to stop.

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I wish this was true. It’s doable if you have it but still not easy… somehow they always still get made even if you stop them every couple months

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So actually the policies are starting to change very quickly in China. As China has had a bad reputation for IP theft, this has been a major focus for President Xi. China is a communist country, enforcing policy is much easier than in the U.S. Take for example, COVID - In a city of Shenzhen with over 20M people, we hardly see an outbreak of more than 3-4 cases of COVID because of the ability to control the people, make them stay home, avoid certain areas, wear masks and get vaccines.

Prior to 2021, fake and counterfeit production was NOT illegal and according to Chinese culture was not even considered a bad thing. Quite normal actually. Since then, there has been a new agency that has been created to enforce Intellectual Property and the fines are much more severe. Before, the fine was only 1x damages of 100,000 RMB (about $15K USD). Not a big deal. Now, the damages are 5x which is a significant amount more. It can also be considered criminal, instead of only civil.

So while you are correct that enforcement still requires an active approach, it is much better today. We had a factory that we caught producing “fake” AVD brand cartridges and we simply sent them a notice from our local attorney. I also messaged their IG account and told them that we are an American brand with a team in Shenzhen and they immediately pulled the product off their IG and stopped selling.