A trademark is a special sign used in commerce to identify the products and services of a
particular entrepreneur and to distinguish them from those of other companies. A careful
study of the realities of the modern marketplace shows that a trademark is directly related
to the prestige and value of a particular company. For this reason, trademark registration
is particularly important when a company enters a new, competitive market (such as
China), where customer acquisition is inextricably linked to the need to gradually build
the brand image from scratch.
The process of registering a trademark in China takes at least several months, which is
why it is recommended for all entrepreneurs planning to do business with China to take
care of this issue before starting cooperation with Chinese partners.
To register a trademark in China, the first step is to contact a professional agent. The
agent selected will help determine the correct classes and subclasses of the products or
services to be protected, and will then prepare the appropriate application and submit it to
the appropriate trademark registration office in China at the Chinese Patent Office. The
use of a representative is necessary in the trademark registration process – a foreign
company cannot apply for trademark protection in China on its own.
The procedure for registering a trademark in China is as follows
After approximately 4 weeks from the filing of the application, a registration number
will be assigned to a specific trademark;
Within the next 3-4 months, the Office will issue a preliminary decision on the
registration of a trademark in China. At this stage, two situations are possible: the Office
will either issue a preliminary confirmation of acceptance of the application submitted,
and then the relevant information about this fact will be published in a publicly available
newsletter, or it will decide to refuse – in such a situation, the entrepreneur has the right
to appeal. However, this is a separate procedure and usually takes 9-12 months;
After 3 months from the date of publication of the decision, if no one has filed an
effective objection, the Office will issue a decision on the registration of the trademark in
China. An electronic trademark registration certificate is then issued within 4 weeks.
Trademark registration in China is valid for 10 years from the date of registration. After
this time, the company can apply to extend the protection of the trademark for another
ten years – but remember to apply at least 6 months before the registration certificate
expires.
The cost of registering a trademark in China depends primarily on the number of classes
in which a particular trademark is to be registered. When working with a client, our
responsibilities as Trademark Partners include a thorough analysis of each applicant’s
situation, checking whether a particular trademark has already been filed for protection,
drafting an application for trademark protection, and all communication with the Chinese
authorities. Therefore, the final price of the trademark registration service in China is
determined on an individual basis after all relevant details have been agreed. For more
information, please contact our specialists.
Trademark search and registration in China is an issue that should not be overlooked by
any entrepreneur planning to trade with China. Applying for trademark protection is
important mainly because of the numerous trademark infringement cases. In China, the
so-called “first to file” principle applies, which means that anyone can apply for
registration of any trademark, and the Office will consider the application received first.
It is therefore worth obtaining a certificate of registration of a trade mark in China, issued
locally by the China Trademark Office. This will make you a fully fledged person under
Chinese law.
