China Trademark Registration

How Trademarks Work in China

Trademarks in China are generally awarded on a first-come, first-served basis, regardless of whether or not a company might be able to prove ownership over that trademark; if it has been registered in China by another entity before your registration it will quite possibly be rejected outright. If a registration happens on the same day, only the first application will be considered.

Due to the often prohibitively high cost of trademark infringement litigation, whether a company intends to do business in China today or at any point in the future, it is highly recommended that they register a trademark for each piece of IP as soon as possible. While it may seem like a far-off prospect today, there are many cases in which foreign companies have their trademarks registered by third parties in China, even by partners such as suppliers domestically. Registering your trademarks in China prevents litigation wherein a company needs to reclaim their infringed upon trademark and protects against litigation wherein other companies might file suit against your company for trademark infringement.

Trademarks in China can include any of the following:

• Words
• Design
• Letters
• Numerals
• 3D Symbols
• Combination of Colours

They will represent goods or services provided by an individual, legal entity, or organisation for a period of up to ten years, renewed six months before the expiry of the trademark registration.

Hongda Business Services Trademark Registration Procedure

Registration Procedures Workflow

• Conduct a trademark clearance search
• Confirmation of availability (by way of search reports issued by China IPD) 
• Submission of trademark registration application forms 
• Official examination of register
• Publication in Government Gazette (if accepted)
• Issuance of Certification of Registration (if no objections received)

Trademark Clearance Search 

1. Per class code
2. Search performed by the Trademark Office in China (China Intellectual Property Department) and search results returned back by fax in 1 working day.
3. Covers Direct Hits and Close Matches in English and Chinese

Pre-filing search is not compulsory but highly recommended.

Trademark Registration Filing

1. Per class code
2. Submitted receipt 1 week
3. Original receipt issue from government 2-3 months
4. Follow ups registration process and update to the customer via e-mail

Summary of Fees (First Class Code)

1. RMB3,500 Registration (including official filing fee)
2. Collection and forwarding of certificate

How Long Does Trademark Registration in China Take?

It currently takes approximately 18 months for Hongda Business Services to register a trademark in China, so it is important to get ahead of the issue before it is too late. This is a long process, but please note that your trademark will be protected once you have started the registration procedure, so the onus is on getting started.