How to register a trade mark in China?

Submitted by ruo on Thu, 07/13/2017 - 06:37

Protect your brand in China!

As Aaron Schwartz said, "While the U.S. trademark system recognizes the “first-to-use” system to determine trademark rights, China is a “first-to-file” location. This means that anyone can trademark a major brand name. As a scaling startup, especially one that produces in China, protect yourself early before it becomes incredibly costly in the future." Register your brand in China right now.

If you search online about China products you will find many brands look familiar. Actually most of China manufacturers like to copy famous brands. Some famous brands have to do trade mark registration in China in order to protect their brands. One of the famous trade mark issue is Tesla and a Chinese business man Mr. Zhan. Zhan has the ownership of trade marks “TESLA MOTORS”,:TESLA”,”TELSA”and”特斯拉“(current TESLA Chinese name)” and two domain names”tesla.cn” and “tesla.com.cn”
After years of negotiation both parties finally reach an agreement that Zhan give up the ownership of related trademarks and TESLA doesn’t ask Zhan for compensation for losses.

trade mark registration in China

International trademark can be a tricky thing since China’s trademark ownership’s rule is “first to register”. so better register your brand both in Chinese and English before you want to enter into China market. So to protect your brand in China.

How to apply for trade marks in China?

You can apply the trade mark on Chinese Trademark Office. However, as a foreign company or foreigner, you have to do the application through a Chinese trade mark agency. 

Which documents you need to prepare for trade mark application?

As a foreigner Company: 

  • business license copy with stamp, 
  • letter of authorization with stamp, 
  • registration information(print and stamp), 
  • excel form filling(we will provide blank documents to you).

As a Personal/Individual: 

  • Individual business license with stamp and signature,
  • personal ID copy with signature,
  • letter of authorization with signature.

What's the trademark application process

 

  • Trade mark office will issue Notice of registration application acceptance after 1-3 months since we provide documents;
  • Announce initial result in 9-12 months;
  • public announcement for 3 months;
  • Issue trade mark registration certificate if no objection during the notice period.

The whole process will cost 12-18 months.

Rejection: e.g. there is same or similar trade mark
Objection: e.g. Other people find that your trade mark is same or similar to his.

 

If you have any question please feel free to contact us or leave a message.

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