Trademark Registration In China

We support you in the timely acquisition of trademark rights so that you may operate legally and confidently in China.

You can trademark your:

  1. International brand name.
  2. Logo or graphic device.
  3. Chinese character equivalent of your international brand

Register trademark in China

The China Trademark Office (CTMO) will review any trademark applications that are submitted. Afterward, a certified receipt will be provided (usually takes about 15-30 days for the official receipt to issue). After that, the CTMO will conduct a thorough examination that will run for roughly 8 months. Within nine months of the application date, if all goes according to plan, we will get a preliminary publishing notice. The trademark will be given registration after three months for objection. The entire procedure takes roughly a year.

Procedure and Timelines

  • Obtaining official receipt: around 15-30 days;
  • Obtaining the notification of publication: around 9 months;
  • Obtaining the notification of registration: around 12 months;
  • Obtaining the hard copy of the registration certificate: around 14 months.

Unlike Canada or the USA, China is a “first-to-file” nation. It implies that the first party to submit a trademark application will often be given priority over an earlier trademark user. Applications maybe submitted and registered in China without showing proof of usage.

Benefits of registering a trademark in China

You have the only right to use your brand name if you register a trademark. Therefore, you can stop others from using a brand name or logo that is identical to yours in the Chinese market. This might be crucial if you sell products directly to customers under a well-known brand name since copycat sellers may violate your trademark rights by offering identical or comparable goods for sale.

Before you may sell items through distributors or retailers’ channels, you must provide a copy of the pertinent China trademark certificates. Selling your branded items in China is sometimes almost impossible if your trademark is not registered there.

What will you need to register a trademark?

To file a trademark application in China, you will need:

  1. A copy of the certificate of incorporation of the applicant
  2. Signature of the applicant’s authorized representative on the POA
  3. Graphic representation of your device (if any)

Simple steps to register a trademark

Step 1: Trademark Comprehensive Study: Start Study (1)

Trademark search report with Attorney’s analysis about registration probabilities. This report is optional but highly recommended.

There are several reasons why you might want to begin the registration process with a study:

  • If there is a pre-existing claim to your trademark, it is best to know this before you have invested time and resources into an application.
  • Trademark similarities can be ambiguous and are best evaluated by a legal professional.
  • It is possible to accidentally infringe on someone else’s trademark if you are not aware of its existence.
  • A trademark study provides a snapshot of potential brands in your target market.

Trademark Comprehensive Study: Start Study (2)

With representation in almost every major jurisdiction, Trade Markers has up-to-date information on trademark application activities. Hence, we can offer the following services:

  • A full analysis of existing trademarks, including similarities in appearance, sound, connotation, and commercial impression.
  • Consultation on what to do if an existing similarity is found.
  • Inquiry with local trademark offices, as necessary.
  • Detailed reporting on the availability of relevant marks and recommendations for your application.

Start by ordering a search report with the Attorney’s analysis of registration probabilities. This report is optional but highly recommended.

Step 2: Trademark Registration Request: Start Registration (1)

With a legally registered trademark, you gain several benefits:

  • Potential copycats are deterred from infringing on your brand.
  • The ability of other brands to claim that you are infringing on their trademark is severely diminished.

Our licensed Trademark Attorneys in China will handle your trademark request, check all formalities, and then file with the National Intellectual Property Administration, PRC ( NCAC). You will receive confirmation of filing and a copy of the filing request. We will contact you immediately if any subsequent office actions require additional information, or if there is any opposition in China against your application.

Trademark Registration Request: Start Registration (2)

After the formal examination at the NCAC, the trademark will be published for opposition to allowing third parties to oppose if they believe that the mark infringes on their brands. The opposition period in China is 3 months after publication. You will receive status updates as soon as your mark is published, and any actions the NCAC will take if opposition are received.

If no oppositions arise and your trademark is formally approved, you can expect registration within 15 months.