We recommend completing a trademark search before beginning your trademark registration process. A trademark search takes the name to be registered and compares it to previously registered marks for similarity to assess the likelihood of successful registration - if any mark is found to be too similar in a certain class of goods or services, the Trademark Office may refuse its registration to avoid confusion among the consumers. Completing a search saves time and prevents your mark from being refused for registration. It is also a great tool to determine if anyone has previously registered your mark - an unfortunately all too common phenomenon in China.
In this service, the experienced trademark attorneys will use their knowledge and tools to assess the likelihood of registration of your marks and list the level of similarity of the found marks.
- Trademark search (one mark in one class, image or word mark) across the Chinese Trademark Database to assess registrability.
- A search report with legal opinion will be provided within one working day.
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Chinese Trademark Databases contains millions of marks, and since China is a first-to-file jurisdiction, meaning that anyone who registers a mark in the country is its rightful owner, the phenomenon of bad-faith filers is quite common. If a similar mark is found in our search, and the mark is still in its publication stage, you may oppose the mark's registration. If a mark is already registered by a bad-faith actor, there are fewer avenues for obtaining the rights to your mark, so we always advise our clients to conduct searches and to register their brand in China as soon as possible (even prior to entering the market).