As we all know, a trademark is an important brand identity of an enterprise and one of the most important ways for an enterprise to gain a competitive advantage in the market. In the context of globalisation, more and more foreign companies are beginning to look to the Chinese market in the hope of developing business and expanding their market share in China. However, before entering the Chinese market, foreign companies need to register their trademarks in China first to protect their brand rights and avoid the risk of their trademarks being snatched or infringed.

So, what matters do foreign companies need to pay more attention to when registering a trademark in China? 

1、Choose a suitable trademark agency. China's trademark law provides that foreign companies applying for trademark registration and other trademark matters in China should entrust the trademark agency filed with the Trademark Office of the State Intellectual Property Office. Therefore, when choosing a trademark agency, a foreign company should pay attention to its qualification, reputation, professionalism and service level, so as to avoid encountering irregular or dishonest agencies, which may cause unnecessary losses or troubles.

2、Prepare the relevant information required for application. When a foreign company entrusts a trademark agency to apply for trademark registration, it needs to provide the following documents:

● Power of attorney, signed and sealed by the legal representative or authorised person of the foreign company, to entrust the trademark agency to handle the trademark registration;

● Documents proving the subject's qualifications, such as business licence, company registration certificate, etc., proving the legal existence and business scope of the foreign company;

● Trademark picture, which should comply with the provisions of China's Trademark Law, be independent, distinctive and distinguishable, and not cause confusion or conflict with existing trademarks;

● The items of goods/services for which the trade mark is to be used, i.e. the scope of goods or services for which the trade mark to be applied for registration is to be used, should be selected in accordance with the Nice Classification List, and try to cover the scope of one's own business as far as possible, avoiding being too narrow or too wide;

If the above information is in foreign language, it is necessary to provide Chinese translation and stamp the official seal of the trademark agency.

( preliminary examination of a trade mark registered in China by a foreign company represented by Shenzhen Chiram Intellectual Property Agency Co., Ltd.)

The above figure is an example of a trademark registered in China by an Egyptian company represented by Shenzhen Chiram Intellectual Property Agency Co., Ltd.. The trademark entered into the publication on 28 November 2023, and the period of publication is 3 months, so if no one has filed any objections during the period of publication until 27 February 2024, the Trademark Office will issue a registration notice, and the trademark will be registered successfully.

So, what are the features and considerations of the Chinese Trademark Preliminary Examination Publication?

● The period of publication of a Chinese trademark is 3 months. From the date of publication of the trade mark notice, anyone can file an objection with the Trademark Office within three months to oppose the registration of a particular trade mark. If no one files an opposition during the publication period, or if the opposition is rejected, then those trademarks will be approved for registration and the applicant will be granted trademark rights.

● A certificate of registration of a trade mark is not issued immediately after the expiry of the publication. Because the Trademark Office still has to confirm whether anyone has filed an opposition to the trademark on the last day of the publication after the end of the publication, you will have to wait for about one month after the publication before you receive the e-certificate of trademark registration in China.

The above are the precautions for foreign companies to register their trademarks in China introduced by Shenzhen Chiram Intellectual Property Agency Co., Ltd., if you have any questions about trademark registration, please feel free to chat privately or leave a message, Shenzhen Chiram Intellectual Property Agency Co., Ltd. will try its best to answer for you.

Detailed Information：

● Shenzhen Chiram Intellectual Property Agency Co., Ltd.

● Address：Room 609, Building 1, Yaofengtong Industrial Park, No.1 Donghuanyi Road, Longhua, Shenzhen, Guangdong, China

● Email: gw@chiram.com

● Wechat：stanton