Do you want to protect your brand in one of the largest markets in the world?
The registration of a trademark in China is an extremely important formality that should preferably be taken care of already at the planning stage of cooperation with Chinese partners and before the actual establishment of cooperation with counterparties from the Middle Kingdom.
This formality applies to any market participant planning a long-term business. Both the foreign company exporting its products or services to China and the importers who outsource production under their brand to factories in China. At Trademark Partners, we support ambitious entrepreneurs in the process of registering a trademark in China, thus ensuring effective protection of their brand in the new market and enabling safe expansion into the challenging Chinese market.
Application for trademark protection directly in China is only possible with the involvement of professional representative. A foreign entity cannot act independently for two reasons:
Two ways to register your trademark
The procedure for registering a trademark in China can take anywhere from a few months to several years, depending on possible complications. It is therefore advisable to apply for mark protection in good time, especially if you plan to operate in the Chinese market. Trademark Partners offers support throughout the registration process to minimise the risk of delays.
To prepare and file a trademark protection application in China, the following documents are required:
The cost of filing a trademark in China depends on the number of classes filed for protection. The price per class may be less than EUR 568, but the final amount is determined individually depending on the number of products and services filed in the class.
Price includes:
The price does not include the cost of preparing appeals against refusals or opposition responses, etc. These activities are separate procedures.
If you are planning to start trading with Chinese partners, you should know one important thing. Even if your brand has legal protection in Poland, UK, Brazil or the European Union for example, it does not mean that has received it in China. Until you register it behind the Great Wall, you have no exclusive rights in that territory and no legal tools to defend your intellectual property. Brand registrations must be applied for at the China Trademark Office (CNIPA).
China has adopted first-to-file principle. It means that the first to apply for protection has priority (taking into account the priorities derived from international applications). This means that as long as you do not register a trademark in China first, anyone can file for protection if they prove to be faster than you.
This obligation should be ensured by anyone who wants to have the exclusive right to use his or her logo in China, whether he or she buys in China under his or her brand, sells or provides digital services.
Registering a trademark brings a number of specific benefits to a company. The most important of these are: the right to exclusive use of a particular mark in the market, unambiguous identification of the company’s offer, protection against counterfeiting. In addition, a registered trademark creates a professional image for the company, which in the long term increases the value of the company and the value of the owner. A registered mark is essential if a company wants to expand abroad. In many markets, such as China, trademark protection is essential in order to get a product into the best distribution channels.
Any person can apply for trademark protection in China. Both an individual and a legal entity (company); Chinese as well as non-Chinese.
You can check by searching the database of the Chinese Trademark Office (CNIPA). For more information on how to check, please contact us.
Local filing is the fastest and surest way to apply for brand registration in China. The main advantage is that it allows you to obtain registration faster, select the exact products or services to be applied for according to a standard list adopted by the China Trademark Office (CNIPA). In addition, the local procedure results in the issuance of a local protection certificate, which is required for many other trademark-related procedures beyond the Great Wall, such as applying for the creation of official Chinese social media accounts. A WIPO application does not directly provide such opportunities.
The usual requirements are proof of identity or an English translation of the company’s registration document, together with a power of attorney, a trademark representation (i.e. an image file if you are applying for a figurative mark or a word and figurative mark) and a list of goods/services. A catalogue of the products available under the trademark applied for is very useful.
Yes, in China you can file a trademark application for protection by an individual.
Anyone can apply to register a trade mark, whether an individual or a company.
By filing locally, you will get your registration faster, and you will also get a local certificate straight away, which is very useful for business. These are the main, but not the only, advantages of filing directly for protection in the Middle Kingdom.
In most cases, a local certificate of trademark registration is required to launch a product on the most popular e-commerce platforms, to open official brand communication channels on social media and for other trademark related procedures, such as setting up a border registry, filing for the elimination of counterfeits or unauthorised trading accounts.
The registration process consists of several steps: preparation and filing of the application, substantial examination of the application, publishing the intention to register and, finally, issuing the certificate of protection.
Of course, you can file your trademark in China if you run your own business. Please prepare your business licence in English.
This is not possible. Direct filing can only be done by an authorised local professional agent who is qualified to do so, such as those who work with Trademark Partners.
Typically, an English business licence (originally issued or translated into English) or passport copy (if applying for an individual), a power of attorney, a representation of the mark (graphic file) and a list of goods/services are required.
The Chinese Trademark Office processes trademark applications quickly. The process takes between 6 and 10 months if there are no objections or complications. At Trademark Partners, we have registered several trademarks in as little as 5.5 months.
This is not necessary, you can even apply for a new trademark. However, remember that the trademark must be used within three years of registration, otherwise someone may try to cancel it.
Costs vary depending on the number of classes and products filled. Have a look at our price list.
If the country in which the trademark is applied for is a signatory to the Paris Convention for the Protection of Industrial Property (such as China), a right of priority may be claimed when applying for protection of the trademark in its territory.
This right allows the application to be treated as having been filed on the date of the first application for protection of that mark in another Member State. This right can only be requested for applications filed no later than 6 months after the first filing.
For example, if a trade mark is first filed for protection in a Member State on, say, 01.02.2023, the priority period for filing the same trade mark in another country ends on 31.07.2023.
The advantage of using the priority right is that marks can be registered quickly and efficiently in multiple countries, significantly reducing the risk of copycats filing for the same mark in other regions and blocking the company’s seamless international registration.
Filing as described will incur additional fees.
Each brand variant requires a separate application. If the differences between the variants are negligible, no additional applications are required.
This is not an option. A new filing will be required, preferably covering both existing and new products/services. However, in some cases it may be better to submit a notification with new data only. Let us know, we will be happy to advise.
Registration in China is only valid within the mainland of China.
No, Hong Kong, Macau or Taiwan have separate legal and trademark registration systems. In mainland China, you must apply for trademark protection separately.
Domain registration is not a substitute for trademark registration and does not provide the same level of protection.
Yes, China is a member of the Madrid Agreement and the Madrid Protocol. Filing a trademark in China through international institutions has its disadvantages.
You can check this by searching the database of the Chinese Trademark Office (CNIPA).
Yes, China Trademark Office (CNIPA) allows mark registration for digital goods and services.
There is no clear answer to this question. Registering a word mark has its advantages, such as the possibility of using different graphic forms of the mark. On the other hand, the protection of a word and figurative mark has the advantage that it is protected not only on the word level but also on the figurative level.
Yes, China’s intellectual property law allows for the registration of unconventional trademarks, including shapes, colours or even sounds.
Yes, China’s intellectual property law allows for the registration of sound trademarks.
Yes, but enforcing protection in China requires a Chinese trademark registration certificate, vigilance, local support and certainly speed in taking legal action.
Without registration, you may not be able to sell products through the most popular channels, and you may not be able to stop the production and trade of counterfeits. It is generally more difficult to protect and enforce trademark rights. And if someone has registered the same trademark as yours in a product or service category, you will not be able to do business with your trademark in China.
Yes, advertising slogans can be registered as trademarks if they are distinctive and do not directly describe a good or service, e.g. a water producer would not register the trademark “The only healthy water”. In this case, his water is not the only one on the market and it is not possible to determine whether the water as such is healthy, i.e. provides health to the body (there is no scientific evidence for this), or even whether his water is healthier than others on the market or the same. Therefore, since the truth of this claim cannot be established, the registration of such a trademark cannot be allowed.
The registration process is similar, but it is necessary to determine whether the mark relates to goods or services. This is done by selecting the appropriate class in which to file the mark.
Yes, but it is also advisable to register the Chinese equivalent of your trademark for a number of reasons. There are many. You can find a lot of information on this link.
It is not necessary, but highly recommended. For the Chinese, Chinese characters are the natural form of everyday communication. It is easier for them to remember, even if they know English. But not everyone knows them.
If you apply for a trademark with the same wording as another trademark that has already been applied for in the same category, you can expect a refusal. It is better to check the actual situation before applying for protection.
You can appeal. But you have a certain amount of time to do so. To prepare a good argument, you will need help. You will not be able to do this alone. Let us know and we will assess the situation and what we can do. In the meantime, read on to find out more about what you can do if refused. And in the meantime, check out this link for lots of additional information.
You can appeal at any time. You will need to do this through a representative. Let us know and we will assess the situation and the possibility of further action.
You can pursue your rights through the courts or through administrative enforcement. Let us know and we will assess the situation and the possibility of further action.
This is not possible.
Trademark registration (legal protection) in China is valid for 10 years from the date of registration.
The brand can be renewed every ten years. An application to extend the period of protection of a trademark in China to a new period should be filed no earlier than one year but no later than six months before the end of the current period of protection. You will need the support of a professional attorney. Let us know, we will be happy to help.
Our assistance can be of two types. In terms of the trademark issue, we can check whether you are infringing someone else’s trademark rights when you buy from China under your own brand name (i.e. OEM or private label products). In terms of the import itself, we can help you find suppliers, check their reliability and establish business relationships with them.
The certificate confirming the registration of a trademark in China is issued in Chinese only.
The certificate contains the following information: the registration number, the image of the protected mark, the name and address of the right holder (the company for which the mark is registered), the class in which it is protected, the list of protected products or services and the term of protection.