Trademark for “SKYBERRY” Registered in China Raising Concerns with Japanese Farmers

Recently, the Chinese trademark office approved the registration of the trademark “SKYBERRY” and the Chinese translation “天空草莓” under the name of a company in Shanghai.
 
In Japan, Skyberry is a registered trademark for a special variety of luxury strawberry which was developed in Tochigi prefecture.
 
Due to the fact that Tochigi prefecture neighbors Fukushima prefecture, the site of the 2011 earthquake and nuclear power station accident, Chinese import regulations prohibited the import of these strawberries into China. For this reason Tochigi prefecture did not file for trademarks in China.
 
However, with the registration of the “Skyberry” trademark in China, Tochigi farmers are concerned that they might be unable to export their products not only to China but also to other foreign countries if this Chinese company tries to register the mark in other countries.
 
Indeed, this situation serves as a warning for the importance of filing for a trademark in particular countries even if use of the mark has not yet begun. By filing in countries in which an owner may intend to do business in the future, the trademark owner will be able to prevent unrelated third-parties from filing for marks on the owners brands. Otherwise, an owner may be unable to use the mark, or risk being sued for trademark infringement.