What is "Protect your brand by registering a Chinese trade mark"

A trade mark is the intellectual property right used to protect a brand. Under China’s first t o file Trademark Law, your brand generally cannot be protected until you have registered your trade mark in China. This is why it’s important to apply for a Chinese trade mark registration as early as possible.

Why search the Chinese trade marks register?

It's important to check if someone else has already registered a mark identical or similar to your own. These may be bad faith filings for a foreign brand by unrelated companies or individuals, or competing filings by legitimate competitors. 

How to search trademark in Chinese Trademark Office website?

The Chinese Trademark Office provides a free online search tool at http://wcjs.sbj.cnipa.gov.cn/ -  click the ‘English’ link at the upper right of the page.

Search 1 - Searching for identical or similar trademarks (SISTM) in a single class

The search tool allows you to search for identical or similar trademarks within a single class of goods or services. This is generally the most useful search tool.

There are two search types – an ‘Automatic Search’ that uses default search settings and a ‘Selective Search’ that allows you to customise your search criteria. 

Choose ‘Selective Search’.

International Classification: 

China divides trade marks goods and services into 45 classes. 

A trade mark gives exclusive rights only in connection with the goods or services for which it is registered. 

For example, a trade mark registration for wine (which falls into class 33) would not provide protection for bar services (which falls in class 43). Consider registering defensively with respect to any goods or services you want to prevent others from using. 

Note however that a trade mark is vulnerable to cancellation for non-use if it is not used for a period of three years since registration.

Similar group:  China further divides trade marks into subclasses. ‘Similar Group’ indicates the Chinese subclass of the trade mark. This is discussed further later. Leave this field blank for your search.

Search mode: Select the appropriate option. You’ll usually be searching an English word.

Search type: It’s best to first search broadly by selecting all search types. If you get too many irrelevant results, you can refine your search by removing certain search types (such as ‘Inverted order’).   

Trade mark content: Enter your search word(s), in English or Chinese. It doesn’t matter if the text is upper or lower case (i.e. timtam and TIMTAM are treated the same).

To illustrate, let’s try searching TIMTAM using the selective search option.

We’re interested in marks for biscuits and chocolate biscuits, which both fall into international classification class 30. Select the Search mode ‘English’, then click ‘Select all’ within the Search type box.Hit ‘Search’ and a new window will open displaying a list of identical and similar trade marks.  The blue bar on top ()  shows the total number of results.  

Hit ‘Search’ and a new window will open displaying a list of identical and similar trade marks.  

The blue bar on top (search to 173 trademarks) shows the total number of results.  

On the results page, you can also switch to a thumbnail view by clicking .

 This allows you to view the appearance of the trade mark as it appears on the registry, including stylised text and logos, without having to view marks individually. This is important because the overall appearance of a mark, not just the words used, is taken into account when considering whether two marks are similar.  

On the results page, you can also switch to a thumbnail view by clicking . This allows you to view the appearance of the trade mark as it appears on the registry, including stylised text and logos, without having to view marks individually. This is important because the overall appearance of a mark, not just the words used, is taken into account when considering whether two marks are similar. 

 Clicking on any trade mark name (in either list or thumbnail view) will open a new window with details of the trademark, including the goods/services for protection and the application/registration status.  An example of a detailed trade mark entry for TIM TAM is shown on the next page

Search 2 - Searching multiple classes, applicant’s name, trade mark and trade mark number

If   you want to search across multiple classes, or search by applicant’s name, trade mark or trade mark number, you should use the Search of General Trade Mark Information (SGTMI).  You can search on the basis of any of the following five search criteria: International Classification, Application Number/Registration Number, TrademarkContent (word), and Name of applicant in Chinese or English. Unlike the SISTM search we used earlier, the SGTMI search only finds marks identical with or beginning with your search word. This means, for example, searching TIMTAM (with no space in between) will not find results for TIM TAM.

The detailed trade mark information contains the following:

1. Trade mark image: T he trade mark itself, consisting of words,    graphics or both.

2.  Goods/services: S hows a description of the goods or services covered by the trade mark. Currently thedescription is only available in Chinese.

3. Application No./registration No.: Either the filing of each mark in each international class of goods or services isassigned a unique number.

4. Date of application: China has a first-to-file trade mark system. When there is a conflicting mark,  the mark withthe earlier application date (or priority date, if claimed) will have priority over the later filed mark.

5. International Classification: In our example, TIM TAM is registered with respect to b iscuits, cookies, crackers,cakes, bread, grain preparations,  and sweets, which fall within class 30.

6. Similar Group:  China further divides trademarks into subclasses, listed unofficially here:http://www.hfgip.com/xclass*. ‘Similar Group’ indicates the Chinese subclass of the trade mark, with the first twodigits representing   the international classification. In our example, TIM TAM is registered with respect to biscuits,cookies, crackers, cakes, bread, grain preparations, and sweets, which fall within Chinese subclasses 3004 (Sweets,nantang, sugar) 3006 (Bread, pastry and confectionery) and 3008 (Rice, flour (including cereals)).In China, a registration in one subclass may not prevent a registration in a similar subclass. This TIM TAM registration is unlikely to prevent other registrations in subclasses 3001 (coffee) or 3009 (noodles), for example.

7.  Public announcement, date of first trial: The date on which an application was accepted and published. Thisbegins a three-month opposition period before the accepted trade mark is registered.

8. Public announcement, date of registration: The date on which a trade mark was registered. If no opposition isfiled within three months of acceptance of an application, or the opposition is unsuccessful, the accepted trademark application is registered.

9. Type of trade mark: Regular trade mark（一般）, collective mark （集体）or certification mark（证明）.Collective marks are used in relation to goods or services provided by members of an association, for example SCOTCH WHISKY. Certification marks are used to certify goods or services are of a particular origin, material, quality or other characteristic, for example TEQUILA. All types of trade mark can act as a barrier to registration for a similar mark with respect to similar goods and services.

10. Exclusive right duration: A trade mark is registered for 10 years from the registration date, and can be renewedindefinitely.

11. Trade mark status:The trade marks register shows pending applications as well as registered, lapsed andinvalidated trade marks. The possible trade mark statuses are shown   below:It’s important to check the status. A registered or pending trade mark (LIVE trade mark) may present a problem, while a lapsed or invalidated trade mark (DEAD trade mark) generally will not. Remember there is a delay of around 3-6 months for the registry to be updated, and note that international registration status data can be unreliable.

12. Trade mark procedure:Displays the full timeline of the registration procedure. This content is in Chinese only.

13. Print: You can print the detailed entry, but be aware it will only be a snapshot of the database at a point intime