Register a Trademark in China2019-09-27T14:33:32+00:00
register a trademark

Register a Trademark in China

>>>Get protection against trademark squatters<<<

Are you a global business with exposure in China? Do you think about expanding your business to China? Do you want to protect your brand in China?

Let us help you with registering your trademark in China. No broken English, no miscommunication. Let us make the process easy for you.

Important highlights about the China registration process:

  • China is a “first-to-file” country, unlike Canada or USA. It means that the first person to file a trademark application will generally have priority over a prior user of the trademark.

  • It is important to apply for trademark protection in China as early as possible.

  • In China, applications can be filed and registered without evidence of use.

  • Multiple class applications are possible but not recommended as they are more likely to encounter complications during the registration process.

  • A trademark is valid for 10 years and can be renewed every 10 years.

  • If a trademark has not been used in China for three years, it may be subject to cancellation for non-use.

  • It takes about 9-12 months to register a trademark and starting from 2019 Chinese Trademarks Office plans to make the registration process quicker.

We have a designated Chinese practitioner in-house so we can take care of all your legal needs in China, from filing to opposition and litigation.

Pricing of Our Packages

The prices are in USD$ for China

SAIL THROUGH

$395
  • Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.

ALL IN

$745
  • Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections. Single class. Re-filing guarantee.

Details about Chinese trademark packages

Government fees are not included in our packages and are extra

FAQ

How does the process work with Trademark Angel? What happens after I buy a trademark package?2019-08-25T07:58:07+00:00

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link.
  2. Ask for a free preliminary trademark search to get an idea whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We’ll confirm your order.
  2. We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations how to increase chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we’ll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.

The choice is yours. Make the first step now.

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Should we file our trademark in Chinese characters in China?2019-05-04T20:49:29+00:00

When filing in China, a common question is whether the English version of the trademark is sufficient, or whether a corresponding trademark in Chinese characters should be filed as well.

For the Chinese transliteration, please see our suggestions below:

Generally, for an overseas brand which will officially enter the Chinese market, it is strongly suggested to file a corresponding Chinese mark.

This is because that

1) From a business perspective, a Chinese mark is easier to remember and recognize for Chinese consumers;

2) For the products like food, cosmetics, etc. imported to China, a Chinese name of the brand is officially required and needs to be posted on the package;

3) If it happens the client has no corresponding Chinese name for its brand, then the client’s authorized agency in China may create a Chinese mark by itself and sometimes even register such a name as its trademark. If this Chinese mark becomes known, it will be too late for the client to create a new Chinese name. In the meantime, it is not easy to take back that Chinese mark registered by the agency since China is strictly a first to file country;

and

4) If a foreign brand does not have an official Chinese name, it is very likely that the Chinese consumers will voluntary create a Chinese name for it to make it easier to remember and such Chinese name will be vulnerable to be pre-emptively registered by trademark squatters.

Below is a real-world example to illustrate point 3 above:

When Filorga went into Chinese market, they found that the Chinese agency of Filorga has registered a Chinese name “菲洛嘉” in China several years ago. What’s more, based on the promotion by the Chinese agency, the Chinese name had become widely known by Chinese consumers. Filorga had no choice but to use that same Chinese name and they paid a lot of money to buy the Chinese name back from the Chinese agency.

The bottom line:

If budget allows, file your trademark in English and Chinese characters to be fully protected in China. We do give discounts if you file two versions, i.e. FILORGA and 菲洛嘉 (from the example above).

 

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Classification of Goods and Services in a Trademark Application (class headings)2019-05-17T18:05:46+00:00

Every trademark application must list the specific goods and services that the trademark will cover.

Products belong to classes 1 to 34. Services belong to classes 35 to 45.

Products are tangible, you can touch them. Services are intangible.

Below is a rough classification (class headings) just to give you an idea of general categories  (please note that the below list cannot be used for trademark filing)

Products

Class 1: Chemicals (including those used in agriculture, industry and science)

Class 2: Paints, coatings, varnishes, colorants for food.

Class 3: Cosmetics, creams and serums, cleaning products including soap and shampoo, bleaching and abrasives, non-medicated toiletry preparations, false eyelashes, essential oil, perfume

Class 4: Fuels, industrial oils, greases, lubricants, candles

Class 5: Pharmaceutical and veterinary products, food supplements and vitamins, baby food, disinfectants, fungicides, herbicides, plasters, dental wax

Class 6: Metals, metal castings, metal hardware, metal containers, locks, safes

Class 7: Machines and machine tools and their parts, motors and engines (except for land vehicles)

Class 8: Hand-operated tools and implements, razors, cutlery

Class 9: Computers, computer hardware, computer cables, cell phones and cell phone cases, data carriers, computer software, downloable publications including e-books, videos and podcasts

Class 10: Medical and dental instruments and apparatus, massage apparatus, sex toys

Class 11: Products for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes including lamps and kettles

Class 12: Land, air and nautical vehicles, motors and engines for land vehicles

Class 13: Firearms, ammunition, explosives, fireworks, holsters

Class 14: Precious metals, watches, jewellery

Class 15: Musical instruments

Class 16: Pa