Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
China Trademark Registration
Protect Your Brand in China Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in China, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in China and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in China
Discover how our services help protect and strengthen your brand in China.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .CN DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
What are the steps involved in the trademark application process in China?
In China, the process of applying for a trademark involves three main stages:
- Examination
- Publication
- Registration
How long is a registered trademark valid for?
Your registered trademark will remain valid for a period of 10 years.
Do I need to use my trademark before applying for registration?
No, you don't need to use your trademark or plan to use it before applying for registration.
Who is eligible to challenge my trademark application?
Anyone with a vested interest can challenge a trademark application. This could be the holder of a prior right, a licensee, or any other individual.
If I register my trademark in China, am I protected in other countries?
No, el registro de una marca en China solo garantiza protección dentro del territorio continental chino.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registration approved is about 15 months, as long as there are no objections or oppositions.
What actions are necessary to fulfill the usage requirement for a registered mark?
To meet the use requirement, the registered trademark must be used in China at least once within three consecutive years after it is registered. The usage needed is minimal.
¿Cuáles son los derechos que se obtienen al registrar una marca?
Al registrar una marca, el titular obtiene los siguientes derechos: uso exclusivo de la marca; oponerse a solicitudes de marcas similares posteriores; solicitar la cancelación de registros de marcas conflictivas; denunciar a terceros que usen marcas similares que puedan causar confusión; autorizar a otros a usar la marca; pedir la incautación de productos falsificados con la marca registrada, realizada por las autoridades aduaneras; y recibir compensaciones por daños de terceros que infrinjan la marca.
Should I register my trademark using local language characters?
Yes, to ensure wider and stronger protection in China, it's advisable to register your trademark in local characters.
If you only register your trademark in its original form (Latin characters), it might not fully protect its equivalent in the local language. This could allow others to use or register the same or a similar trademark in local characters.
Besides the legal advantages, registering and using your trademark in local characters can also offer commercial benefits. People in China will find it easier to recognize and pronounce your brand if it's in a familiar script.
By registering your trademark in both its original form and a local transliteration or translation, you can better safeguard against potential infringements.
If I register my trademark in China, will it be protected in other countries?
No, registering a trademark in China only provides protection within Mainland China.
Does registering a trademark in China grant me any legal rights?
To have trademark rights in China, you must register your trademark. China follows a "first to file" system.
¿Es obligatorio usar mi marca antes de solicitar su registro?
No es necesario que los solicitantes usen la marca o tengan planes de usarla antes de registrarla.
How many trademark applications should I submit?
The number of applications you should file depends on your mark's features, your budget, and the level of protection you want in China.
If your trademark includes unique text and design elements, and you want both protected, we suggest filing two trademark applications: one for the text (as a "Word Mark") and another for the design (as a "Combined Mark").
Filing two applications offers these benefits:
If your trademark includes a slogan or a unique design symbol, consider filing separate applications for each to ensure additional protection.
Can applicants claim priority when filing a patent application in China?
Yes, you can claim priority in China if these conditions are met:
- Your home country is part of the Paris Convention.
- You file your application in China within 6 months of your home application date.
- Your home country is a member of the World Trade Organization.
- Your registration can be used for an international registration.
Can a registration be canceled?
Yes, you can cancel a registration for the following reasons:
- The mark is descriptive
- The mark is misleading or deceptive
- The mark lacks distinctiveness
- The mark is generic
- The mark is a geographical indication
- The mark is functional
- The mark violates public policy or morality
- The mark is unauthorized by competent authorities under Article 6ter of the Paris Convention
- The mark includes a badge or emblem of public interest
- The mark is used in a misleading way
- The mark is prohibited in this jurisdiction
- The application was made in bad faith
- The registrant breached a technical provision of the law
- The registration was fraudulent
- The use requirements under Section V.G. are not met
What rights do you gain by registering a trademark?
Having a registered trademark gives you the following rights:
- The exclusive right to use the trademark
- The ability to oppose any new applications that conflict with your trademark
- The right to cancel any later registrations that conflict with your trademark
- The right to sue others who use a mark that is confusingly similar to yours
- The ability to license your trademark to others
- The right to request customs to seize counterfeit goods with your trademark
- The right to claim damages from those who infringe on your trademark
What is the duration of the opposition period?
The opposition period begins on the publication date and lasts for three months.
Do I need to sign a Power of Attorney document?
Yes, you must sign a power of attorney.
Still have questions?