Trademark Registration in China

Trademark Registration Process

Brief Information
General Information
Brief Information

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 

Step 1: 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 Attorney's analysis about 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 deterring 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.

Step 2: 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 oppositions are received. 


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

Trademark Registration Process

The application is filed before the Trademark Office State Administration for Industry and Commerce of the People's Republic of China 


The office recommends single-class application but multiple-class applications are possible. 


Foreign companies do not need a local agent. They can file their mark through an online application. However, a colored scanned copy of the certificate of identity stamped by its company seal and a colored scanned copy of proof of place of business in China are required to be uploaded simultaneously with the application. 


A foreign natural person can also register his mark through an online application. However, the registrant is required to upload a colored scanned copy of the certificate of identity signed by him and a colored scanned copy of Residence Permit for Foreigners valid for over one year in China.


The processing time from filing to registration is approximately 15 months. 


The official filing receipt will be available within 4 months from the date of application. It will then be forwarded for formality check which is followed by a substantive examination. If the trademark goes through the preceding stages, it will then be published in the Trademark Gazette for opposition. 


If no opposition is filed against the trademark during the publication period, or if the opposition is overcome, the Trademark Office shall register the trademark in the Trademark Gazette and issues the registration certificate in about 2 months thereafter. 

Opposition Period

The opposition period is 3 months from publication of the trademark application.

Requirement of Use

If the trademark has not been using for a continuous period of 3 years from the date of application, the mark might be subject to cancellation.

Trademark Validity

Once the trademark is registered, the validation is 10 years from the date of registration.
The registration is renewable for periods of 10 years.

Extension to File Renewal

If the applicant fails to apply for renewal within the due date, a grace period of 6 months will be given.
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Start's at $440