Frequently Asked Question

Trademark protection:

Why should I protect my trademark in China?

Trademark registration in China can offer several important benefits for your brand, especially if you plan to do business or have a significant presence in the Chinese market. Here are some key reasons why you might want to consider trademarking your brand in China:

1. Protect Your Brand Identity: Registering your trademark in China helps safeguard your brand identity and prevents others from using your brand name, logo, or other distinguishing features without your permission. This protection is crucial for maintaining your brand's reputation and preventing counterfeiting or unauthorized use.
2. Prevent Trademark Squatting: China follows a "first-to-file" trademark system, which means that whoever registers a trademark first gains the rights to it, regardless of prior use or international registrations. This has led to instances of "trademark squatting," where individuals or entities register famous or well-known foreign trademarks with the intention of profiting from them. Registering your trademark proactively can help you avoid falling victim to such practices.
3. Legal Recourse: Registering your trademark in China provides you with legal grounds to take action against infringing parties. It allows you to take legal action against counterfeiters, unauthorized users, or those who attempt to profit from your brand without permission.
4. Market Expansion: If you plan to expand your business into the Chinese market, having a registered trademark can make it easier to establish your brand presence and build trust with local consumers. It can also help you secure partnerships and collaborations with Chinese companies.
5. Enforcement: Without a registered trademark, it can be challenging to enforce your rights in case of infringement. Chinese authorities may be more willing to assist you in stopping counterfeit products or unauthorized use if you have a registered trademark.
6. E-commerce and Online Presence: E-commerce is a significant channel for business in China. A registered trademark makes it easier to enforce your rights on online platforms, reducing the likelihood of your products being counterfeited or sold by unauthorized sellers.
7. Licensing and Franchising: If you plan to license or franchise your brand to other businesses in China, having a registered trademark adds credibility to your brand and increases the attractiveness of your business model to potential partners.
8. IP Portfolio: Registering your trademark in China strengthens your overall intellectual property portfolio, which can add value to your business, enhance investor confidence, and provide a competitive advantage.

What is the process?

1. Application Submission:
• We will prepare your submission and submit your application to the China National Intellectual Property Administration (CNIPA).
• The application will include your brand name, relevant classes (categories) of goods/services, and other necessary details.
2. Examination and Review:
• The CNIPA will review your application to ensure it meets the necessary requirements. They will also conduct a substantive examination to determine if your brand is eligible for registration.
3. Publication and Opposition:
• If your application passes the examination, it will be published in the official trademark gazette for a 3-month period.
• During this time, third parties can file an opposition if they believe your trademark conflicts with their existing rights.
4. Registration and Certificate:
• If there are no oppositions or if oppositions are resolved in your favour, your trademark will be registered.
• You will receive a trademark registration certificate from the CNIPA, confirming your ownership of the trademark.
5. Trademark Protection:
• Once registered, your brand is protected within the specified classes of goods/services for a period of 10 years, renewable indefinitely in 10-year increments.
6. Enforcement and Monitoring:
• We regularly monitor the Chinese market for potential trademark infringements. If we find any unauthorised use of your trademark, we can take appropriate legal action with the help of our team in China.

It's important to note that China follows a "first-to-file" system, meaning that the first entity to file a trademark application for a particular brand name within a specific class will have priority. Therefore, timely registration is crucial to prevent others from registering your brand.

The process can be complex and time-consuming, so working with us can help you navigate the intricacies of Chinese trademark law and ensure your brand's protection. Keep in mind that regulations and procedures may change, and we stay up-to-date with the latest requirements.

What do I need to submit?

• Trademark Application Form: This form includes information about the applicant, the trademark, and the classes you are applying for. We will supply this to you.
• Clear Representation of the Trademark: This could be an image of your logo or a representation of the word(s) you want to trademark.
• Power of Attorney: This document authorizes a local representative or attorney to act on your behalf during the application process. We will supply this form from our local agent to give them authority to submit your trademark.
• Copy of Identification: Usually, a copy of the applicant's passport or other identification is required.
• Business Registration Documents:If you're applying as a business entity, you will need to provide relevant business registration documents.
• Priority Document: If you're claiming priority based on an earlier application in another country, you'll need to provide a copy of that application.

How long does it take?

Once we have submitted your application to the Chinese authorities then there is a 3 month period in which it can be opposed. After this period there is an examination period. In total it takes 12 – 18 months to register your brand. However if there is no opposition in the 3 month period then it is not likely that it will be denied. We always do a pre-submission check so we are confident that it will be granted.

How often does it need to renewed?

Every 10 years

Back