How to register trademarks in China?

China’s vast market of over one billion people presents a significant opportunity for entrepreneurs looking to expand internationally. Partnering with Chinese businesses can lead to lucrative returns and help fulfill the ambitions of becoming a global company. 

However, the Chinese market comes with its own set of challenges, particularly when it comes to trademark registration. This article will guide you through the process and offer tips to help you navigate potential pitfalls.

Why is registering a trademark in China?

A Trademark Protection Certificate from the Chinese Trademark Office (CNIPA) is crucial for securing the rights to protect your brand in China. Registering your trademark safeguards it from theft and unauthorized use by third parties. 

Additionally, trademark registration is a prerequisite for selling products on Chinese e-commerce platforms. One of the key advantages of trademark protection is that it allows your company to control the distribution of products bearing your brand, ensuring that your brand integrity is maintained in the market.

P.S. Don’t miss our article on why registering a trademark in India is equally essential.

Trademark registration in China – 2 key methods

There are two primary methods for applying for trademark protection in China:

1. Direct Filing with the Chinese Trademark Office (CNIPA):
   This method, recommended by Trademark Partners, offers numerous advantages for foreign applicants. It is faster, allowing you to select the most appropriate products for your application and obtain a Chinese Trademark Protection Certificate promptly. This certificate is essential for various legal and administrative processes within China. Additionally, direct filing ensures that you have a local representative who maintains direct contact with the Chinese office, streamlining the process.
   
2. Filing Through WIPO:
   While this method is convenient for global or multi-country applications, it lacks the benefits of direct filing. The process is significantly longer, as the application is first processed by WIPO for several months before being sent to China, where the procedure begins anew. This option is also more expensive and does not provide the advantage of having a local attorney to advocate for your trademark registration.

Trademark registration process in China – filing trademark application

To register a trademark in China, the first step is to contact a professional representative who will help you prepare and file an application for protection. The subsequent trademark registration process involves several steps:

• within approximately 2-3 weeks from the date of filing the trademark application, the Patent Office will assign a registration number to the trademark;
  
  
• after approximately next 2-4 months, the Office will issue a preliminary decision on the registration of the trademark, in which case two scenarios are possible: an initial acceptance of the filed application and its publication in a public gazette, or a refusal, in which case the entrepreneur has the right to appeal in a separate procedure that usually takes 9 to even 12 months;

• after about 3 months from the date of publication, if no effective opposition has been filed, the Office will issue a decision on the registration of the trademark in China, and within a further 4 weeks the applicant will receive an electronic trademark registration certificate confirming the grant of the trademark.
  

Can I apply for trademarks in China myself?

No, you cannot apply for trademark protection in China on your own. There are two main reasons for this:

1. Local Representation Requirement:
   The China Trademark Office (CNIPA) only recognizes applications submitted by authorized local trademark attorneys. At Trademark Partners, we collaborate directly with these approved attorneys, ensuring a trusted relationship built on years of cooperation. It is crucial for the timely and effective completion of the trademark registration process in China.

2. Expertise and Best Practices:
   Navigating the complexities of trademark registration in China requires experience, especially given the unique nuances of the Asian market. Working with a professional who handles applications daily is crucial. One of the most important aspects of the process is selecting the appropriate products or services for your application. These must be chosen from a standard list approved by the CNIPA, making expert guidance invaluable.
   

The role of a trademark attorney in China

As mentioned above, the involvement of a qualified trademark attorney is required to register a trademark in China. In fact, the Middle Kingdom does not allow foreign entrepreneurs to apply for trademark protection on their own. The assistance of a professional attorney is necessary to determine the correct classes and subclasses of products or services to be protected in China. 

Besides attorney will also ensure that the correct application is prepared and filed with the Chinese Trademark Office (CNIPA) on time. With the help of professionals such as those working with Trademark Partners, you can be assured that the entire registration process will run smoothly and without unwanted difficulties.

What documents do you need to register your trademark in China?

To register a trademark for your company in China, you’ll need the following documents:

• Company Registration Document: An English version of your company’s registration document is required.
• Power of Attorney: A signed power of attorney authorizing your trademark attorney to act on your behalf.
• Representation of the Mark: If you are applying for a word or figurative mark, provide a clear representation of the mark (design).
• Description of Scope of Use: Detailed information on the products or services you wish to protect under the trademark.

With these documents, your attorney will prepare and submit the application to the Chinese Trademark Office (CNIPA).

Is a trademark registered outside China protected in China?

A trademark registered in another country – whether in Europe, the Middle East, Central Asia, North or South America, or Africa – does not automatically receive protection in China. To secure trademark protection in China, you must apply under one of two systems: national or international.

For international registration through the Madrid System, you must file an application specifically for protection in China. However, to use this route, you must already have a national or regional trademark registered with an office within the Madrid System (e.g., EUIPO). 

It’s important to note that the international system may not be optimal for precisely designating goods and services from the standard list established by the Chinese Trademark Office (CNIPA). Due to these limitations, local registration in China is often a more efficient and recommended approach.

Trademark protection in Europe and China. Differences and similarities

When expanding your business internationally, understanding the nuances of trademark protection in different regions is crucial. Europe and China, two of the world’s largest markets, have distinct systems for trademark registration, each with its own set of rules and procedures. 

Differences:

• “First to File” System in China: China operates under a “first to file” system, meaning that trademark rights are granted to the first person or entity to file for protection. This system can lead to potential abuse, so if you plan to do business in China, it’s crucial to secure your trademark well in advance—ideally before any business activities begin.

• Start of the Protection Period: While both Europe and China grant trademark protection for a period of 10 years, the start date differs. In Europe, protection begins from the date of filing. In contrast, in China, the 10-year protection period starts on the day the trademark is officially registered, not when the application is filed.
  

Similarities:

• Eligibility for Filing: Both in Europe and China, trademarks can be filed for protection by either an individual or a legal entity, providing flexibility in who can secure rights to a trademark.

• Use of the Nice Classification: Both regions use the Nice Classification system to categorize goods and services for trademark protection, ensuring a standardized approach to filing across different markets.
  

How much does it cost to register a trademark in China?

The cost of registering a trademark in China varies based on several factors, the most significant being the number of classes for which protection is sought. The cost for registering a single class can start at less than €570, but the final price depends on the number of products and services included within that class.

Registered trademark in China – how long does the whole process take?

Registering a trademark in China is is becoming an ever-shorter process, although it still takes months or, in case of refusal or opposition, even years of time. This makes a well-prepared application all the more recommended. Therefore, a well-prepared application is all the more advisable. It is therefore imperative for entrepreneurs planning to do business in China to fulfil this obligation well in advance, even before establishing cooperation with Chinese partners.

At Trademark Partners, we know well how to register a trademark in China. Contact us if you need support.

Even more detailed information can be found on this page.

Registering a trademark in China in just 5.5 months

See information about how we registered a mark in China in just 5.5 months.

At Trademark Partners, we offer services tailored to each client’s needs. We begin by analyzing your company’s specific situation, checking whether your trademark has already been filed in China, preparing the application, and overseeing the entire registration process. We also handle all ongoing communication with Chinese authorities to ensure a smooth and successful registration.