Guide to Trademark Registration in China

Sep 07,2021

• Madrid international registration or filing  the application directly?

There are two ways for toreign applicants to file the application:

①file an application directly with the China Trademark Office or

②file the application through the World Intellectual Property Organization (WIPO)  for Madrid international registration of the mark designating China.

If you choose to file the application directly, you must entrust a Chinese trademark agency to help you register a Chinese trademark.

Law relevant to China Trademarks:

①Trademark Law of the PRC（中华人民共和国商标法）The most recent amendment came into effect on November 1，2019.

②Regulations for the Implementation of the Trademark Law of the PRC（中华人民共和国商标法实施条例）.The most recent amendment came into effect on May 1，2014.

③Madrid Agreement Concerning the International Registration of Marks

④Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

• Important trademark institutional in China

The China Trademark Office (CTMO), the Trademark Review and Adjudication Board (TRAB),  

have been merged into the newly established Trademark Office of the China National Intellectual Property Administration (CNIPA).

• How long does China trademark registration process take?

As shown below，the registration process (from application to  issue of registration certificate) take time about 8-9 months, if no any issues occur during the registration process.

• First to file Principle

China adopts “first-to-file”principle for obtaining trademark rights.

This means that generally the person who files application first can register the trademark.

We strongly advisable to file applications for trademarks as early as possible, well before you enter the Chinese market.

• Are there any special reasons that some trademark cannot be registered as a trademark in China?

Yes.

According to Article 10 (8) of the Trademark Law ,Detrimental to socialist morality or has any other adverse effect cannot be registered as a trademark in China.

In addition, the names of administrative divisions at or above the county level shall not be used as trademarks(with limited exceptions).

• How much is the China trademark application fee?

1.official fee

The official fee for filing one trademark application under one class (up to 10 items) is 42 USD if filed online.

Beyond 10 items for per class there is an extra official fee for 4.7 USD if filed online .

2.professional fee

The  professional fee varies widely according to the firms.

3.Chiram IP provide FREE trademark search and only charge $180 for for filing one trademark application under one class and choose up to 10 items (including official fees).

Based on the exact amount of items, we will confirm the fee.

• What materials are required for China trademark application?

- Words or design of the mark

- a list of goods and services;

- the applicant's details;

- the Power of Attorney.

• Classification of goods/services — China’s unique “subclass” system

When filing trademarks in China, foreign applicants frequently run into problems due to a lack of awareness or understanding of China’s good/services trademark classification system — and, more specifically, the system of subclasses inherent within it.Both the Chinese national and WIPO international trademark registration systems use the International Classification of Goods and Services under the Nice Agreement (the NICE Classification).

However, the Chinese national system also operates subclasses of goods and services within each class.

This is a unique add-on feature of the Chinese classification system and is an unfamiliar concept in most Western jurisdictions.

Therefore, care must be given when drafting trademark specifications to ensure the appropriate and relevant subclasses are covered in China.

• Is proof of use required in China trademark application?

Not required.

Proof of use is also not required at the time of renewal of registration.

However, it is necessary to forward proof of use if a non-use cancellation request is filed against a registration, which is more than three years.

• How is priority claimed?

A priority claim could be made within six months from the day when the applicant first filed a trade mark application in a foreign country that shares a treaty with China or based on the principle of reciprocity.

A priority claim may also be made within six months from the day when the trade mark was used for the first time on goods/services displayed at an international exhibition hosted or acknowledged by the Chinese government.

The priority claim must be made at the time of filing the trade mark application and the supporting documents must be provided within three months thereafter.

• Why are trademark Searches important

  
  

It is very important to make sure that the words or design of the mark is not similar with others trademark before filing trademark applications.

This step not only avoids infringing other’s right and causes unnecessary dispute, but will also raise the success rate of approval.

Before filing your trademark, trademark searches are advised to conduct to check whether anyone else has already filed for a similar or identical mark which might block your planned application.

Please feel free to contact us and get free trademark search for your trademarks.

• How to Conduct trademark Search

The CTMO provides a free service to search any trademark in its official website

(http://wcjs.sbj.cnipa.gov.cn/txnT01.do?locale=en_US&locale=en_US&NPxosaad=qGqBcAqQoraQoraQoEexuuzaJKD.Vyd9bGNbi32Y9BEqqJF5o_e_qAqqoq).

or TM VIEW(https://www.tmdn.org/tmview/#/tmview)

However, for comprehensive search a China trademark, local attorney like Chiram IP is more professional,our attorney will analyze the pass rate of the brand for Trademark Registration for free.

• Risk of trademark application

Because of the following reasons, even after the trademark inquiry trademark may still be rejected by the Trademark Office:

1、There is a blind period for trademark inquiry, that is, about 4-6 months after the trademark application has not been input into the trademark inquiry system, so the trademark in the blind period cannot be inquired

2、Trademark approximation judgment is subjective to a certain extent. Different examiners in the Trademark Office have different degrees of leniency in mastering the approximation standard, which is greatly influenced by subjective factors.

• What are the comment grounds for refusal of registration?

1、Article 10,11,12,16 of the China Trademark Law

2、a bad faith application without real intention of use (Article 4 of the China Trademark Law)

3、Article 19 of the Trademark Law which prohibits trade mark agencies in China from applyi for trade marks for themselves in association with services other than the ones that they provide to clients.

• Who can oppose the application of a trade mark in China?

A trade mark application can be opposed by anyone based on absolute grounds and by a prior rights holder or an interested party based on relative grounds(Article 33 of the Trademark Law).

The exception with respect to absolute ground is Article 16.1 of the Trademark Law, which can only be raised by a prior rights holder or an interested party.

• China Trademark Registration Certificate

The following is a China Trademark Registration Certificate of our client.

We proviede trademark registration and free trademark for most country. If you want to register a China trademark, please feel free to contact us!

• China Trademark Renewal

The renewal is the way for you to continue use your trademark beyond the expiration of its validity period.

The period of validity of a registered trademark is ten years, since the date of approval of the registration.

The application for renewal can be file in 12 months before the expired date of validity, and a grace period of 6 months is allowed.

If the trademark owner fails to renewal the mark even in the grace period, then the mark will be canceled.

Hire our local trademark attorneys to file your trademark for registration. Take advantage of our easy, fast & efficient process!

contact mail: ip@chiram.com