For companies who want to sell to the Chinese market, it’s very important to seriously look into the intellectual property protection in China. Unlike some countries, China does not provide protection for an unregistered trademark under the common law. China practices "first to file" system for trademarks, meaning the right to a mark goes to the first party who registers it.
This principle allows any third-party, Chinese or foreigners, to register in China any trademarks, including the trademarks that you have created.
Although you first create and use a trademark in China, you will not be entitled to get it back if a third-party has registered it.
Our advice will be to register your trademark first before anything if you plan to go to China to protect your IP and to avoid any future risk.
Formal search for one mark in one class:
check and suggest whether the trademark intended to be filed will violate the absolute grounds, such as lack of distinctiveness, etc.
check and provide analysis about the prior identical or similar marks together with suggest the possible actions to clear the obstacle.
Trademark application for one mark in one class (with up to 10 designated goods or services and without claiming priority).
Please note that these documents do not need to be notarized or legalized.
1. Applicant’s full name and address (in English and Chinese).
2. Copy of a signed Power of Attorney (we will prepare this document after receiving the applicant’s name and address).
3. Copy of applicant’s ID card or passport (if the applicant is an individual) or applicant’s business license (also known as “Certificate of Incorporation;” if the applicant is a corporation).
4. (If the application is claiming priority) Original certified copy of priority document. The priority document can be submitted either with the trademark application or during the 3 months supplementary filing period; however, submitting the priority document during the 3 months supplemental filing period will incur an additional fee of CNY 750.
Trademark registration process:
It usually takes 9 to 12 months to obtain a trademark registration certificate from the China Trademark Office (“CTMO”). When an application is filed, the CTMO will first check its formalities, which includes the applicant’s information and the list of designated goods and services. Assuming everything is in order, the office will issue a formal filing receipt (recently, this has been taking about 3 months) and then begin the substantial examination. If the CTMO approves the application for registration, the mark will be published in the Trademark Gazette. After publication, third parties will have 3 months to file any opposition actions against the mark. If no one files an opposition, or the opposition does not succeed, then the mark will be registered.
If, however, the CTMO rejects the applications, the client will have an opportunity to appeal the decision to the trademark review and Adjudication Board (“TRAB”).
Trademark registrations are valid for ten (10) years from the date of registration and are renewable at every ten-year interval thereafter. Renewal applications can be filed 12 months before the expiration date. For an additional fee, applicants can also file a renewal application for up to 6 months after the trademark’s expiration date.
No hidden charge
Top 3% of our provider
30% cost saving