Securing the exclusive rights to one’s own brand is proving to be a key responsibility for entrepreneurs planning to expand into China. Why is it in the interest of expanding companies to ensure that their trademark has already been registered in China? In a situation where your logo has not been presented beyond the Great Wall, could it turn out that someone has already managed to register it there? Our article will tell you all about how to check whether a trademark is registered in the Middle Kingdom.
The public trademark database maintained by the Chinese Trademark Office (CNIPA) can be used to quickly check whether your trademark is already protected in China. This is not only good practice as part of your market research, but also the first step in effectively protecting yourself as an entrepreneur against the risk of infringing someone else’s intellectual property rights. China has a law that allows anyone to apply for trademark protection as long as they are the first to do so. This is because China has a “first-to-file” principle, which in practice means that the Chinese office will first consider an application for registration from the person who first filed and ultimately obtained trademark protection.
A company can be registered in China by local individuals and legal entities and, under certain conditions, by foreigners. Company registration is applied for at the relevant company registration office.
Legal and natural persons, both Chinese and foreign, can apply for trademark registration. However, the application is made to a different authority – the China Trademark Office, sometimes called the China National Intellectual Property Administration, also known by its acronym: CNIPA. There are situations where a company’s trademark has already been filed for protection, even though the owner has never been to China or presented the trademark there. One possible reason could be that a third party has independently defined the same trademark wording. It is also possible that an unauthorised person has deliberately applied to register someone else’s trademark in China in bad faith.
If you are planning to register your company in China, it is essential to check that the name you wish to use is available at the stage of completing the company registration application.
On the other hand, if you want to check whether a brand name is available in mainland China, it will be necessary to analyse the Chinese trademark database – this applies to names transcribed in the Latin alphabet (e.g. in English) as well as in Chinese. The database is maintained by the China Trademark Office, sometimes referred to as the China National Intellectual Property Administration, also known by the acronym CNIPA. The database contains all previously filed trademarks and is the only source of data for checking the availability of trademarks. Access to the database is publicly available online in both Chinese and English.
The only official place to check the status of a trademark is the above-mentioned trademark database maintained by the China Trademark Office (CNIPA). It contains not only already registered trademarks, certified by a trademark registration certificate, but also expired trademarks and a complete list of those yet to be filed. As the database is publicly accessible, it is possible to carry out the search yourself, but it is far more advantageous to outsource this task to a specialised company. Local experts have a wealth of experience in the industry and will be able to handle it professionally and advise on the best legal solution.
The analysis of the character base allows, among other things, the verification of
Most applications to the trade mark database are already made electronically. However, the data contained in the database is not updated in real time. As a result, new entries appear with a delay of up to several days. It can happen that an entrepreneur does not see his application for some time. This also means that analyses of the status of the trademark database in China prepared at any given time may not include the most recent applications received in the last few or even several days prior to the preparation of the analysis.
The Company Database and the Trademark Database are two different databases. The first database, which is the equivalent of the Company Register, lists companies operating in China.
To check which trademarks have been filed in China, there is a database maintained by the China Trademark Office (CNIPA), which contains information on trademarks, including those with registrations.
Trademark registration confers the right to use a particular trademark in China exclusively within a particular class and products. For this reason, trademarks are the most valuable asset of any company. However, a newly created trademark must demonstrate registrability, which is inextricably linked to the postulate of uniqueness. It is therefore incumbent upon entrepreneurs to carefully check the availability of a given mark in the official trademark database.
But that is not all – a professional examination of the availability of trademarks in China should also take into account the similarity of the trademarks and other specific elements of Chinese law. In many cases, simply checking an online database for identical marks may not be sufficient. It is therefore worth delegating this task to specialists.
In addition, it should be borne in mind that the possibility of collisions and the marketing of products with identical or similar marks may expose the entrepreneur to a loss of not only valuable time but also money. On the other hand, by enlisting the help of professionals, you increase your chances of successfully obtaining trademark rights at the same time. As Trademark Partners, we provide comprehensive trademark searches in China, thoroughly checking the availability of trademarks, monitoring the activities of competitors and, if necessary, advising on how to amend the information contained in the application to the Patent Office in order to successfully register the trademark.
Do you need assistance in obtaining trademark protection in China? Do you want to protect yourself effectively against the risk of infringement? Contact the specialists at Trademark Partners!
You already know how to check whether a trademark is available in China, but what if it is seized? The most common mistake that entrepreneurs make when registering trademarks is to complete this formality too late. It may even happen that a trademark identical or similar to yours has already been filed by someone else. In such a situation, you have several options.
If someone has just registered the mark and the publication period is still running, you have the right to file an opposition within three months of the publication date at the latest. Remember, however, that it is up to you to document the opposition.
If the trade mark has already been registered, you can try to have it declared invalid on one of the possible grounds: registration in bad faith, infringement of an earlier right. However, it will be up to you to document the existence of this premise. You will certainly need professional assistance.
The third option is to extinguish existing rights. However, this is only possible if the mark has not been used for at least three years from the date of registration.
In any case, it is advisable to start negotiations with a professional local intermediary. As Trademark Partners, we can also assist you in this task!
