March 26, 2026 ©️ Copyright – Goldkeen International Property Office
Introduction
Recently, Chinese technology company ByteDance filed a trademark application for the mark “Seedance,” covering multiple classes including food, medical, and chemical products.
At first glance, these categories appear unrelated to its current business. However, from the perspective of trademark law and brand strategy, this move reflects a common and deliberate approach known as proactive trademark positioning.
For modern businesses, trademarks are not merely tools for current use—they are long-term assets that support future brand expansion.
Why Companies File Trademarks Across Multiple Classes
In practice, companies rarely limit trademark filings to their existing products or services. Instead, they evaluate potential future business directions at the time of application.
Once a brand becomes successful, extending into new product lines is often inevitable. However, if a company waits until after achieving market recognition, it may find that the same or similar marks have already been registered by others in relevant classes.
This can result in significant obstacles, including the inability to expand under the same brand name, the need for rebranding, or costly licensing negotiations.
From this perspective, ByteDance’s multi-class filing for “Seedance” is not necessarily about immediate use. Rather, it is a strategic move to reserve brand space for future expansion.
Taiwan Trademark System: First-to-File Principle
Under the Taiwan Trademark Act, trademark rights are granted based on the first-to-file principle.
This means that ownership is determined by the filing date, not by actual use. As long as the legal requirements are met, the first applicant is entitled to registration.
In practice, many businesses fail to secure their trademarks during early development. By the time the brand gains recognition, the core name may already be registered by others, leading to disputes or forced rebranding.
In other words, timing is a critical factor in trademark protection.
Risks of Delayed Trademark Filing
Real-world cases show that companies that delay trademark planning often face serious limitations.
A common scenario is that the desired brand name has already been registered, making it legally unusable. In such cases, businesses may need to negotiate expensive licensing agreements, acquire the trademark at a high cost, or even pursue litigation.
In addition, competitors may strategically register similar marks in advance, reducing the likelihood of approval for later applications and weakening brand distinctiveness in the market.
When companies attempt to expand into new product or service categories, they may also find themselves blocked due to lack of prior registration.
These risks ultimately stem from one issue: late trademark strategy.
The Strategic Value of Multi-Class Filing
From a professional standpoint, multi-class trademark filing serves several important purposes.
It helps secure exclusive rights not only in current business areas but also in potential future markets, preventing others from entering those spaces using the same brand name.
It also allows brands to maintain consistency and recognition when expanding into new product lines or services.
More importantly, it reduces legal risks during business growth and strengthens overall brand protection.
Therefore, multi-class filing should not be seen as unnecessary cost, but rather as a strategic investment in brand management, especially when resources allow.
Important Reminder: Trademarks Must Be Used
Although trademarks can be filed in advance, they are not automatically protected indefinitely.
According to Article 63, Paragraph 1, Subparagraph 2 of the Taiwan Trademark Act, a trademark may be revoked if it has not been used for three consecutive years without justifiable reasons.
This means that while businesses can reserve trademarks early, they must also plan for actual use. This can be achieved through product sales, licensing arrangements, or other commercial activities that demonstrate genuine use.
Without such use, even a well-planned trademark portfolio may be at risk of cancellation.
Professional Insight: Trademark as a Long-Term Strategy
The ByteDance “Seedance” case illustrates that trademark filing is not merely a legal procedure—it is an integral part of corporate brand strategy.
Successful brands often secure their key names and classes before entering the market.
In contrast, companies that delay trademark filing frequently face higher costs, greater risks, and limited expansion opportunities.
Conclusion
In today’s trademark system, the acquisition and maintenance of rights depend heavily on filing timing and usage strategy.
Businesses that plan their trademark portfolio early are better positioned for future market expansion and risk management.
This is why a fundamental principle in practice remains:
File your trademark before you market your brand.
Otherwise, by the time the brand gains recognition, the ideal name may already belong to someone else.
Need Help with China Trademark Protection?
Goldkeen provides:
- Multi-class trademark planning
- Trademark clearance and risk assessment
- Global trademark filing strategy
Contact us today to secure your brand’s future.
