Trademark registration is a good first step that you can take towards protecting your intellectual property
in China. This can help your company protect its company name, product names, domain names, logos and slogans. However, it is not the only precaution you can take. Trademark license filing and recording your trademark with Chinese Customs are also important precautionary measures to protect your intellectual property.
Trademark license filing is where you, the trademark registrant, legally permit others to use your trademark. They will sign a trademark license contract which will be filed in the China trademark office. Trademark license filing is often recorded in a license contract. The license contract states details regarding the right of the licensee to use the registered trademark. Trademark licensing does not involve any transfer of ownership; it simply gives the licensee the right to use the licenser’s trademark.
“According to Article 43 of the Trademark, if a licensor decides to give a licensee permission to use their registered trademark, the trademark license must be submitted to the China Trademark Office (CTMO) for records purposes.“
Step 1: Sign the trademark license contract
Step 2: Complete the application form for the trademark license
Step 3: Submit trademark information to the China Trademark Office (CTMO)
Step 4: Examine the trademarks
Step 5: Issue trademark license record certificate
The whole trademark license filing will take 4 months.
Trademark Customs recording is a very useful mechanism for controlling the usage of your trademarks and alerting you to when they are being used without your authorisation. Enterprises or business operators record their trademarks with the China customs General Administration.
Once recorded, each time a commodity with the trademark is cleared, the trademark owner will receive a written notice from local customs confirming the authenticity of the commodity. In the situation that the trademark owner confirms that the commodity is fraudulent and not authorised by the trademark owner, customs will seize the goods immediately.
Step 1: Submit materials to the General Administration of Customs for acceptance.
Step 2: Upon acceptance, the General Administration of Customs will begin to examine the materials.
Step 3: Once examined, the trademark filing process has successfully been completed.
The whole process of recording your trademark with Chinese Customs will take 2-3 months.
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