TRADEMARK REGISTRATION IN CHINA

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

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