Register a Trademark in China2019-08-14T13:20:28+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

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: Paper, items made of paper, stationery products, artists’ products, printed products including photographs, stickers, notebooks, party ornaments of paper

Class 17: Rubber, asbestos and plastic Items, pipes and tubes

Class 18: Leather and leather goods, bags, wallets, animal apparel, collars and leashes for animals

Class 19: Building and construction materials (non-metallic), non-metal monuments

Class 20: Furniture, mirrors, picture frames, storage containers not of metal, party ornaments of plastic

Class 21: Kitchen utensils, crockery, containers, cleaning implements, toothbrushes

Class 22: Ropes and strings, tents, nets, awnings, sacks, padding, canvas material and raw fibrous textile material

Class 23: Yarns, threads

Class 24: Textiles, fabrics, blankets, covers, towels

Class 25: Clothing, footwear and headgear

Class 26: Sewing products, lace and embroidery, artificial flowers, hair decorations like ribbons, false hair

Class 27: Carpets, linoleum, wall and floor coverings, wall hangings

Class 28: Sports equipment, video game apparatus, games, toys, Christmas decorations

Class 29: Dairy products, meat and fish, processed and preserved foods, including dried, frozen and cooked fruits and vegetables, milk, eggs, edible oils and fats, jamps, jellies

Class 30: Staple foods, spices, bakery products, confectioneries, tea, coffee

Class 31: Fresh fruit and vegetables, live animals, animal food, seeds, fresh herbs, plants and flowers

Class 32: Non-alcoholic beverages, preparations for making beverages, fruit juices, beer

Class 33: Alcoholic beverages, except beer

Class 34: Tobacco products and smokers’ articles, matches, electronic cigarettes

 

Services

Class 35: Retail services including online retail store, advertising, business consulting, business management

Class 36: Insurance and financial services, real estate services

Class 37: Building construction, repair and maintenance services, installation services

Class 38: Telecommunication services, broadcasting services including video broadcasting

Class 39: Transport, logistics and storage, travel services

Class 40: Treatment of materials, custom assembly, recycling and waste management

Class 41: Education services, including arranging and conducting educational classes and seminars, entertainment services, book publishing, organizing exhibitions and conferences

Class 42: Saas and Paas services (Software as a service and platform as a service), IT services, software development, graphic design services, website development, scientific and technological services

Class 43: Restaurants, cafes, hotels, catering services

Class 44: Medical services, hygienic and beauty care services, dental services, veterinary services

Class 45: Personal and social services, legal services, security services

For a more in-depth discussion read this article: Taking Advantage of the Trademark Classification

 

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Which trademark should I File? Word Mark or Logo?2019-05-07T15:44:23+00:00

When deciding whether to file for either a word mark or logo, it is important to keep in mind that a logo must always be used as it is depicted in your application. In addition, if you file your logo in a particular color in the US, you must always use your logo in that particular color.

On the other hand, word marks are somewhat more flexible. When filed in all capital letters, word marks allow the trademark owner to display it in any combination of lower case and upper case letters.

For example, if you filed for the word mark TRADEMARK ANGEL ROCKS, you can use it on your goods and/or services as: trademark angel rocks, Trademark Angel Rocks, or TraDeMaRk AnGeL RoCkS.

The flexibility of a word mark ultimately makes it quite appealing as it is not limited to a particular font or color and can be displayed in a combination of upper and lower-case letters.

However, filing for a logo can be more advantageous in some situations.

For example, if your mark is found to be descriptive of your goods/services or uses generic words, your mark will generally be limited to the Supplemental Register. A distinct logo, however, can “carry” the mark to the Principal Register despite the descriptive nature of your mark.

Let’s say you want to file for TRADEMARK REGISTRATION CO. for a company that offers trademark registration services. That’s a mark that is descriptive of the services offered, and will therefore would be limited to registration to the Supplemental Register. If this same mark was filed with a distinctive logo, for example:

trademark-registration-logo

 

Then, the logo could provide sufficient distinctiveness to allow registration of TRADEMARK REGISTRATION CO. onto the Principal Register (with a disclaimer for “TRADEMARK REGISTRATION CO.”).

Another situation when filing for a logo is advantageous is when there are similar marks. For example, a client wanted to register the mark HAWQUE with a design element of a flying hawk chinese-trademark–  for computer software connecting customers to security contractors, in Class 9. We advised that the logo will most likely be registrable but the wordmark alone would be too similar to marks containing the word HAWK providing similar products in the same class. Although we received an office action alleging that the HAWQUE logo mark was confusingly similar to a registered wordmark, HAWQ, that also covered Class 9 computer software, we were ultimately able to overcome the objection. Our client’s logo, HAWQUE, was successfully registered soon after.

In another case, a client wanted to register the mark ESTEEM APPAREL, either the word mark or the logo. However, in our initial search, we found a very similar, registered mark, ESTEEM CLOTHING. In this case, we advised that the logo would have a greater chance of registration. The client chose to file for the logo register-a-trademark-in-australiainstead of the word mark and, although we received a confusion objection based on similarity with ESTEAM and ESTEEM CLOTHING marks, we were able to successfully able to overcome the objection and the mark was successfully registered.

Since the client protected the logo register-a-trademark-in-australia, he now cannot use Esteem Apparel side by side, without the image, in a different font or in ALL CAPITAL letters: ESTEEM APPAREL. On the other hand, if word mark had been filed – ESTEEM APPAREL, he could have used it in ALL CAPITAL LETTERS, in any font, side by side or one word above the other. Logo makes the trademark inflexible and you should not be making even small changes in your use.

In addition, in some cases, one has to file for a logo if the trademark is broken/separated by images or symbols. Please check our article that talks more about it.

Thus, as can be seen from the above examples, it is important to first determine if your mark is too descriptive to achieve registration in the Principal Register, and whether you intend to consistently display your logo on all of your products, prior to making a decision regarding whether to file for a word mark or a logo. Also, in case there are similar marks, filing for the logo may help to differentiate and ultimately achieve registration of your mark.

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What are different types of names? Company name vs business name vs domain name vs trademark?2018-12-01T21:33:45+00:00

What is the difference between company name, business name, domain name and brand or trademark?

What are different types of company, domain, business or brand names? Let’s get the names straight to avoid confusion.

  • Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada).

Example: Microsoft Corporation
Note: one company may own more than one brand and may do business under more than one name

  • Business name or doing business as: Name under which you conduct your business.

Example: Microsoft

Example: Skype

  • Domain name: Name of your address on the Web.

Example: www.microsoft.com

Example: www.skype.com (Microsoft owns Skype)

  • Trademark: A trademark may be one word, a combination of words, or logos (or even sounds and smells!) used to distinguish/differentiate your products or services from those of other entities.

Example: MICROSOFT, , or a combined mark:

Example: SKYPE,