CHINA TRADEMARK REGISTRATION PROCEDURE
You will receive a Notification of Trademark Registration Application Acceptance issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
You will receive a Notification of Preliminary Approval or Rejection issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
In case of no trademark rejection, your trademark registration will be published in the e-Gazette for purposes of opposition. You will receive a notification of disapproval if third parties oppose your registration.
In case of no trademark disapproval, you will receive a electronic Trademark Registration Certificate issued by Trademark Office of CNIPA. The mark is now GRANTED PROTECTION.
HOW TO REGISTER A TRADEMARK IN CHINA
Conducting a Comprehensive Trademark Search
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money. Trademark Study (1 working day), You will receive a Detailed registrability report.
Confirm the Mark You Want to Register
If a mark consist of foreign words, these words must be explained in Chinese. Sometimes you may want to file both Chinese and English version of the word mark in China to further protect your branding.
Select the Goods/Services
China is one of the countries who uses the International Classification of Goods and Services under the Nice Agreement. This is an international recognised series of 45 classifications which may be applied to goods and services.
It is necessary to file a separate application for trademarks in each of the classifications you are choosing. One trademark in one classification will not cover other classifications, and therefore your trademarks may be open for use there by others. Typically 10 items per class may be registered by default, with additional costs for each item in addition.
Confirm the Applicant’s Name and Address both in English and Chinese
The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of individual applicant. If you have no the Chinese translation of the name and address, we will translate it for you.
1. Scanned copy of the Power of Attorney (POA) signed by the applicant;
2. Scanned copy of the company’s certificate of incorporation; copy of passport for individual applicant;
3. Proposed mark.
Our trademark experts will assist you in creating, organizing, and translating these documents wherever necessary. When all the documents are prepared, your mark will be filed within 1 working days. Then we will send you China Trademark number.
TRADEMARK EXTENSIVE STUDY
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money.
Register your Trademark in China
(one class include Govt Fee)
*No other fees for registration if no rejection or opposition.
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
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.
FEES FOR TRADEMARKS IN CHINA
(per mark per class)
|Counter Statement||USD$310 onwards|
DRAKE CHEN ®
Wuhan Chuchuangyuan Trademark Agency Co., Ltd
Phone: +86 18672762230
Huaqingyuan, Zhongshan Road 975, Jiangan Dist
Wuhan City, Hubei province, China
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