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China Trademark License Filing & Customs Record

Hongda Business Services helps your company protect your intellectual property in China, covering Guangdong, Hainan, Beijing, and Shanghai.

Trademark License Filing & Customs Record in China

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.

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What is Trademark Licensing?

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.“

Benefits of a Trademark License in China

  • Instead of a Chinese company using your trademark without permission, the arrangement is legal and recognised by all parties and the government.
  • The trademark holder is paid for the use of their trademark under license.
  • The permission to use the trademark either expires or may be revoked, so the trademark holder retains control over their IP.
  • The trademark holder can authorise others to use the trademark while at the same time retaining ownership of it.
  • An authorisation fee will also be charged to the licensee, specified in the license contract.

 

Documents Required for Trademark Licensing

  • Trademark registration certificate & scanned copy
  • Scanned copy of your business license
  • Trademark license contract & scanned copy
  • Registration form of the trademark license contract
  • Passport of your company's legal representative & scanned copy
  • Power of attorney

 

How to License a Trademark?

  • 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

 

How Long Does Trademark Licensing Take?

The whole trademark license filing will take 4 months.


Trademark Customs Record in China

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.

Recording Your Trademark with The General Administration of Customs

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“Since 1995, the General Administration of Customs implemented a system for intellectual property with the purpose of enhanced protection. Trademark owners can benefit from this protectionism only if they submit a record of their trademarks to the General Administration of Customs.”

 

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.

 

Benefits of Recording Your Trademark

  • Copycats are deterred from stealing your IP.
  • Registering your trademark provides enhanced protection against counterfeit or infringing products. The system ensures that infringing products are discovered promptly, allowing sufficient time for investigation and action.
  • Customs all over China can be included in the scope of supervision.
  • Your brand is protected.
  • Fake products are less likely to reach your market and be sold in competition to your own.
  • The scope of protectionism is extensive as customs all over the country can be involved in detaining infringing products. Therefore, this level of protectionism can deter the frequency of infringement attempts in the future.

 

How to Record Your Trademark With Customs?

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.

 

How Long Does Trademark Recording Take?

The whole process of recording your trademark with Chinese Customs will take 2-3 months.

Click the button below to arrange a free consultation to talk through the steps you can take to protect your intellectual property in China.

 

OUR PROMISES

 

Doing business with HONGDA is getting a share in our know-how, expertise and dedication. Our determination leaves our customers with peace in mind, as they know our passion and strive for perfection in all that we do.

To ensure that we keep pushing the boundaries of what our market can expect, we relentlessly strive for increased benefits of doing business with HONGDA. To declare our efforts, our daily work is based on 4 tangible, practical promises to our customers - and just as much to ourselves.

TREADEMARK REGISTRATION PROCEDURE

OUR WORKING PROCESS

01.

Consultation & Proposal

We (can) advise you on the best solution for your business model and send you our comprehensive proposal.

02.

Signing & Payment

After reviewing the proposal, we sign the service contract and receive your payment.

03.

Preparing Documents

We send you an application form as well as the list of documents we need from your side.

04.

Take a Break

Sit back, relax and let us take care of everything from here on out.

WHAT CLIENTS ARE SAYING

Sound United

Jack Peng
Sound United Vice President > Asia Pacific


Sound United la leading desianer and manufacturer of consumer audio products in the us) has been usina Honada Business Services since2013 Moving one's operations to China is not a small task, but Hongda's expertservices helped us set up a company and deal with tax issues so we could get on with qrowing our business inno time at a!l, and that's whywe continue to use them today.
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Business service Guid

Hongda Business Services helps foreign businesses looking to establish in the PRD (Pearl River Delta, Guangdong), Shanghai and Hong Kong take advantage of everything that China has to offer. We typically work with companies in Shenzhen, Guangzhou, Zhuhai, Zhongshan, Shanghai, and Hong Kong.
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FAQS

How do I set up a company in Shenzhen or the PRD?

Prepare the shareholder certificate, letter of good standing from the bank. Find an office in China. Make the application (of course better find a professional agent in China to help you).

Do I need to have a foreign company to start a company in China?

No, you could also use your personal name to start the company in China.

What are the drawbacks of a WFOE / rep office / JV?

Rep.Office:High tax, could not hire Chinese employees directly.

WFOE/JV: Slow registration time.

The benefit of all is that if you aim to run a business in China, any will allow you to do so. 

Do I need to personally go to China to set up the company?

No, you dont. Hongda Business Services
can help you to do this while you are abroad.

Do I need an actual office space to register a WFOE / rep office / JV?

Luckily now, you dont. Hongda Business Services can provide the office address for registration. 

Which documentation do I need for a WFOE / Rep Office / JV?

Oversea investor's certificate, bank reference letter and office in China are the key documents for each company type. 

GET IN TOUCH WITH OUR TEAM

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Please let our China business service experts know your questions and requirements by filling out the form below. We will get back to you as soon as possible.
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