China Trademark
Safeguard your business from infringement – register your trademark in China now!
China Trademark Registration Procedure
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Register your Trademark in China
China is the world’s largest manufacturing economy and exporter of goods. It is also the world’s largest consumer of numerous commodities and accounts. China trademark registration is essential in today’s world and business markets. To register a trademark in China, there is first to file system which means that anyone who files the trademark application first, becomes the owner of the trademark if the registration is approved.
advance plan / best
$320
*No other fees for registration if no rejection or opposition.
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Application Summary
Registration
- Country/Region of registration: China
- Registration time: 18-24 months
- Fee includes Official fee, agency fee, and document fee
- Trademark validity period: 10 years
Key points to consider in trademark registration
- The trademark needs to be distinctive- to not confuse existing trademarks;
- Need to be aware that no other person has registered or applied for registration of the same or similar trademark during trademark search in respect of the same or similar goods or services;
- Finding a Trademark Consultant – to get their expertise on the matter;
- Trademark to be used for goods OR services-should be clear.
Trademark registration classification
The China Trademark Registration system follows Nice Classification of World Intellectual Property Organization (WIPO). For more information on different goods and services that belong to different classes, please contact us.
Frequently Asked Questions
Some frequently asked questions about the service that you may have questions about
Can a foreign individual apply for Chinese trademark registration?
Yes, a foreign applicant can be either corporation or individual.
How long is to process a China trademark registration?
Generally, it takes 7-8 months to process in China.
Is a Trademark registered in Mainland China Valid in Foreign Countries?
A trademark registered in China is valid only in Mainland China because every country has its own rules and regulations regarding the trademark.
What should I do if my trademark gets rejected?
According to the China trademark law, if the applicant is not satisfied with this rejection decision, the applicant may apply to the Trademark Office of CNIPA for review within 15 days from the date of receiving this notice.
Can I register a Trademark by myself in China?
According to the China trademark law, any foreign person or foreign enterprise intends to apply for the registration of a trademark or any other matters concerning a trademark in China shall appoint a trademark agency.
The declaration material is not complete, the Trademark Office asks for correction, what should I do?
On the back of the correction notice, there is a detailed description of the supplement to the products/services. The applicant should fill in the instructions according to the requirements and send them back to the China Trademark Office.
I have registered my business, do I have the exclusive right to use my business name as my trademark?
No. Business registration and trademark registration in China serve different purposes. They are regulated by different laws and registration systems administered by different government departments. To obtain the exclusive right for using a trademark in relation to the goods and services for which the mark is registered, you need to apply to register your trademark with the Trademark Office of CNIPA.
How can I know whether my company name has been registered as a trademark in the name of other company?
You can search the records of registered trademarks and trademark applications filed with the Trademark Office of CNIPA by using the free online search services provided by the CNIPA at http://wcjs.sbj.cnipa.gov.cn to find out whether your company name has been registered as a trademark by other.
Should I file my trademark in Chinese language?
Yes, for a broader protection in China, we recommend registering your trademark in Chinese. If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.
Will there problems in case I don’t use my trademark after registration?
Yes. A registered mark can be attacked on the ground of non-use.
Is there any possibility to claim priority in China?
Yes. Applicants may claim priority application if the following conditions are met:
If the applicant’s home country is a member of the Paris Convention
If the date of the home application is within 6 months prior to the filing of an application in China
If the applicant’s home country is a member of the World Trade Organization
If an international registration can be based on this registration
If the applicant’s home country is a member of the Paris Convention
If the date of the home application is within 6 months prior to the filing of an application in China
If the applicant’s home country is a member of the World Trade Organization
If an international registration can be based on this registration
Does having a registered trademark in China give me any right?
Registration is required in order to obtain trademark rights. The “first to file” rule is applicable in China.
