Think globally, act locally – this maxim applies perfectly to the issue and registration in China as such and a locally issued trademark certificate.
It is a little-known fact that in China it is much more practical in real business to have a locally issued brand protection certificate than a certificate of registration obtained by an international institution.
There are many advantages to filing directly with local offices. One of the most important is the local certificate of protection, which is always issued at the end of the registration process. The international method of trademark registration lacks this advantage. Without this document, companies may face obstacles in enforcing their rights, especially when it comes to entering distribution channels beyond the Great Wall, settling legal disputes or protecting borders against counterfeit goods.
A local trademark registration certificate makes it easier to do business in China, provides legal certainty in commercial transactions and provides a solid basis for trademark protection. In many cases today, it is necessary to use a locally issued document to start selling on the most popular platforms. In addition, for local authorities, the local certificate is an official confirmation of the registration of the trademark in the Chinese legal system, which in turn is necessary for the enforcement of rights in Chinese courts. It is also a prerequisite for registration with Chinese customs, which is important in the fight against counterfeiting. To obtain a local certificate, an application must be filed with the Chinese Trademark Office (CNIPA) through a professional representative. The process usually takes about three months and requires the submission of documents from the company in whose name the mark is registered and an application for the certificate.
This is a trademark protection certificate issued in Chinese. The document is issued as standard at the end of the registration process for a local application. A similar document can be issued when the mark is applied for in an international procedure (WIPO), but only upon special request, which involves additional waiting time and costs.
A local certificate of trademark registration is necessary in most cases for launching a product on the most popular e-commerce platforms, for opening official brand communication channels on social media and for other procedures related to the mark, e.g. setting up a customs record, filing for the elimination of counterfeits or unauthorised commercial accounts.
No. Registration through WIPO doesn’t finish in obtaining Chinese trademark certification. Such a document is only issued upon special request, which involves additional waiting time and costs.
A special application must be filed directly with the China Trademark Office (CNIPA). This is a paid procedure. The certificate is issued after a period of approximately two months from the date of application. The application can be filed only by local professional representative, such as cooperating with Trademark Partners. Let’s
From a cost and time point of view, it is best to apply locally, as this form of registration ends with the issuing of a local registration certificate straight away. Applying through international institutions does not result in the issuing of a document. An additional application has to be submitted, which means additional costs and time.
Yes, Chinese courts only respect the Chinese certificate of protection of the mark when considering any application in the context of enforcement of rights to the mark.
It usually takes about three months.
Documents from the company in whose name the mark is registered and an application for a local certificate are required. The application to the China Trademark Office (CNIPA) can only be made by a local agent, such as those working with Trademark Partners. Let us know how we can help.
Local brand protection certificate it is increasingly common for a product to be placed on an ecommerce platform or in a traditional distribution channel. All parties involved in this process – the importer and the trading platform – want to be sure that they are not infringing the rights of a third party. And consumers (end users) will want to know that the product they are buying comes from a legitimate source.
Yes, although for real business it is much more practical to have a local certificate and for many trademark procedures in China it is essential.
No, its validity is limited to the territory of mainland China.
Yes. You cannot file an application yourself. An application to the China Trademark Office (CNIPA) can only be filed by a local agent, such as those working with Trademark Partners. Let us know how we can help.
Yes, they can be renewed for further periods of protection, but only after the trademark rights have been renewed for a new 10-year period.
Definitely yes, it is a key document in trademark litigation.
Definitely yes, it is absolutely essential in the process of border protection against counterfeiting.
This can lead to enforcement and administrative problems.
It includes: the registration number under which the trademark is registered in the database, the details of its owner, an illustration of the mark, the class and details of the goods/services and the period of protection.
It is no longer valid. The certificate will expire at the end of the current term of protection of the trade mark concerned.
Yes, it is increasingly essential.
The process of issuing a certificate begins once international registration has been obtained and can take a few months.
Yes, it can be used as proof of ownership of a mark when securing a loan, but realistically only in China.
No, its validity is limited to the territory of Mainland China.