Unlike US trademarks that use evidence of use as an important basis for judgment when applying for trademarks, trademark registration in China is “registration priority”, which means that the person who registers your trademark first will have the right to distribute and sell all products.
Therefore, you should consider registering your Chinese trademark. Here are a few reasons:
- If your product wants to enter China, whether it is self-employed or an agent, then trademarks are required;
- In fact, China’s customs intellectual property protection is a very advantageous administrative protection. As long as the registered trademark is filed at the customs, import and export goods can be protected; (you know that the customs intellectual property protection in countries other than China only Protect imports but not exports).
- If your product is a well-known brand in your country, you should register a trademark in China as soon as possible, taking into account the huge number of trademark applications in China each year (the number of trademark registrations in China is 8.784 million in 2020) and the registration principle of “application priority” , If your brand is squashed, then the future sales in the Chinese market will encounter various problems.
- E-commerce websites and distributors require trademark registration. Many products are now sold through e-commerce websites (such as JD.com, Alibaba). Trademark certificates are required to enter these e-commerce platforms.
1. Can foreign companies register trademarks in China?
Handle in accordance with the trademark reciprocity agreement signed between the applicant’s country and China.
A trademark reciprocal agreement is an agreement between the applicant’s country of origin and China through signing or exchanging letters to mutually register trademarks. Currently, Switzerland, Denmark, Italy, Canada, New Zealand, France, Iran, Austria, Japan, Spain, United Kingdom, Argentina, Poland, Romania, Pakistan, Liechtenstein, Hungary, the United States, Belgium, Luxembourg, 24 countries including the Netherlands, Thailand, Germany and the former Czechoslovakia
Handle in accordance with the international treaty that the country of the applicant belongs to and China.
Applying for trademark registration in China in accordance with the international trademark treaty jointly participated by the country of the applicant and China is an important principle for foreign trademark registration in China. At present, the international trademark treaties that China has participated in include the Paris Convention for the Protection of Industrial Rights, the Madrid Agreement Concerning the International Registration of Marks, and the Nice Agreement. Any country that has participated in the above-mentioned treaties and agreements, citizens or enterprises of that country can apply for trademark registration in China. The trademarks of these countries can also enjoy certain priority when applying for registration in China.
Handle in accordance with the principle of reciprocity.
The principle of reciprocity is that both parties give each other equal treatment. In accordance with this principle, China successively confirmed the exemption of national certificates with Canada, Switzerland, Thailand, Austria and other countries, and at the same time solved the problem of direct trademark registration with the United States.
In fact, if you’re a non-resident in China, or have a foreign company, you need to seek help from a trademark agency.The application is made through China’s national registration system。
While an international registration requires that you make the application in English, French, or Spanish, a national registration in China requires that the application is written in Chinese.
2. The Process when Registering a Trademark in China
Trademark search → application document preparation → application submission → payment of trademark registration fees → trademark formal examination, issuance of trademark acceptance notice → trademark substantive examination → trademark announcement → issuance of trademark certificate
The China Trademark Office has reduced the time for trademark examination. In 2020, the time of trademark examination will be about 5 months, and the overall time from application to obtaining a certificate will be about 9 months.
3. What will be required to file your trademark in China?
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number – to contact you in case if any action is required.
- Mailing address – to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
- Copy of Certificate of Incorporation of companies or a copy of Identity Card or passport for individuals.
- Power of Attorney (simply signed or stamped).
4. How much does it cost to register a trademark in China?
First of all, you generally need to pay two different parties when registering a trademark:
- Trademark check-up fee: around USD 100;
- A registration fee of the trademark for 1 class and 10 sub-categories: around USD 500 (including fees for the services provided by the lawyer)
- The official fee for filing a trademark application is now RMB 300 for up to 10 goods/services in one class, and RMB 30 for each additional item. There is no official fee for either publication or registration.
Government fees are normally included in the complete service package provided by trademark agencies。
5. Are Hong Kong trademarks valid in Mainland China?
There is a separate trademark law in Hong Kong. IP rights registered in China will not be automatically protected in Hong Kong and vice versa.
6. How can I search for trademarks in China?
You can search for China registered trademarks on CTMO’s (China Trademark Office) official website. Services you can use on the website are:
- Searching for similar trademarks
- Get comprehensive information about different trademarks
- The status of different trademark applications
- Public announcements about new trademarks or regulations
Considering the complexity of trademark search, it is recommended to find a trademark agency to search, and the cost will not exceed $100.
