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 prior to your registration it will quite possibly be rejected outright. If a registration happens on the same day only the application received first 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, cases in which foreign companies have their trademarks registered by third parties in China, even by partners such as suppliers domestically, are many. Registering your trademarks in China prevents both litigation wherein a company needs to reclaim their infringed upon trademark, but also 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 Symbol
- Combination of Colors
- Or a combination thereof
They will represent goods or services provided by an individual, legal entity, or organization for a period of up to ten years, renewed six months prior to the expiry of the trademark registration.
Hongda Business Services Trademark Registration Procedure
Chinese Trademark Registration Procedures Workflow
- Conduct pre-filing trademark search -->
- Confirmation of availability (by way of search reports issued by China IPD -->
- Submission of trademark registration application forms -->
- Official examination of register -->
(if accepted) Publication in Government Gazette -->
(if no objections received) Issuance of Certification of Registration.
Trademark Pre-filing search: Free
(1) Per class code
(2) Search performed by Trademark Registration Office (China Intellectual Property Department) and search results returned back by fax in1 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 Costs
(1) Per class code;
(2) Submitted receipt 1 weeks
(3) Original receipt issue from government 2-3month
(4) Follow ups registration process and update to the customer via e-mail
Summary of Fees (first class code)
RMB3,500 Registration (including official filing fee)
Collection and forwarding of certificate
Time Scale
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 once you have started the registration procedure your trademark will be protected, so the onus is on getting started.
Click the button below to arrange a free consultation to talk through your trademark registration needs:
