Register a Trademark in China2018-12-14T00:08:29+00:00
register a trademark

Register a Trademark in China – Cheap Chinese Trademark Registration

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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.
Doris

Doris Xie is a Chinese legal practitioner. Doris graduated from Shenyang Normal University of China and also studied in Vrije University in Belgium. She is very experienced in trademark prosecution process in China. She served some of the big clients like Danone Group, Michelin Group, Swarovski, Coca Cola and International Trade Center of United Nations.

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

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,

Let’s take another example of a giant retailer Kraft Foods.

Company name: Kraft Foods Inc.

12 of Kraft Foods brands are sold worldwide: Cadbury, Jacobs, Kraft, Maxwell House,  Milka, Nabisco, Oreo, Oscar Mayer, Philadelphia, Trident and Tang.

For each brand Kraft Foods has a website: cadbury.co.uk; cadbury.com.au; oreo.com; oscarmayer.com, etc.

Not everyone knows that these 12 famous brands are owned by the same giant! It doesn’t really matter, what matters is that everyone knows where do buy their favorite Cadbury chocolate or Oreo cookies and everyone knows how the Oreo cookies package looks like!

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Do I need to register a trademark if my business incorporated?2018-12-01T21:43:36+00:00

If you simply business incorporate or register a corporate name, it doesn’t mean that the government approved for you to use the name as a trademark.

If we take a US LLC, as an example, every state has its own laws about business names.

You can register your LLC name in Delaware but the business name registration has no impact on the other 49 states.

In plain English, if you register Coolapples LLC in Delaware, another entity may register Coolapples LLC in Indiana. If you plan to expand nationwide or worldwide, trademark registration will provide that protection. A federal US trademark will give you exclusive rights to use your brand name for your products across the US. Likewise, a Canadian or Australian trademark will give you country-wide rights to use your chosen brand in your country and will make it easier for your to sell or license your trademark later.

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Why should I consider registering my trademark in China?2018-11-10T17:44:56+00:00

Trademark right is a territorial right. trademark protection is necessary to avoid infringement attack and protect your brand name, if your business is ever related to China market, say, exporting to China, OEM business using Chinese manufacturer and are planning to launch the products/services to China market in future.

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What is required in order to file a trademark application in China?2018-11-10T17:49:27+00:00

The full legal name of the applicant (either your company or your personal name)

The full address of the applicant.

The trademark name. If you are filing for a logo, we need to see the logo.

The products which you sell or plan to sell under your trademark (provide a list).

The services which you offer or plan to offer under your trademark (provide a list).

Power of attorney.

A copy of your company’s certificate of incorporation (or passport for individual applicant).

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Can I use my trademark in China if it isn’t registered?2018-11-10T17:47:57+00:00

Since China is a “first-to-file” country, we do not recommend that you use an unregistered trademark in China since it may be stolen by a competitor and registered as “his” or “hers”. We recommend filing in China as soon as you have determined that this jurisdiction is important to your business.

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What is the trademark classification system in China? How is it different?2018-11-10T17:48:46+00:00

China trademark classification system is based on the NICE classification system and has some modification.

China has developed a sub-classification system for each of the 45 classes.  The goods/services in each class are divided into several subclasses according to their function and/or raw materials and sales channels while services are divided based on their content and target consumers.  Generally goods falling into the same sub classes are considered similar to each other.  Likewise, goods falling in different sub classes are not considered similar.

The sub-classification system not only means that goods/services are further categorized into different sub-classes of the main class heading, but all goods/services applied for have to comply with the goods/services listed in the Chinese Sub-classification Book.  If the goods/services applied for are not specifically listed (i.e “standard terms”) they are likely to be rejected.  Unfortunately, unlike many other countries, this often means selecting goods/services that are “closest” to the specific goods of interest – as the list is somewhat limited.

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Do you do a free trademark search in China?2018-11-10T17:40:04+00:00

We offer free identical trademark searches (order on our website).  Comprehensive search report is $150.

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Please explain trademark registration process in China.2018-11-10T17:45:46+00:00

When a trademark application is filed, the China Trademark Office (CTMO) will review the application. Then an official receipt will be issued (usually takes about 2 months for the official receipt to issue). Your trademark will then go through a substantial examination, which will last about 8 months. If everything goes smoothly, we will receive a preliminary publication notice within 9 months from the application date. After 3 months’ opposition period, the trademark will be approved for registration. The whole process takes about 12 months in total.

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Are geographically descriptive marks registrable China?2018-11-10T17:52:55+00:00

For foreign geographical names, only those trademarks that are well-known to the public shall not be used as trademarks, but those trademarks that consist of geographical names that have other meanings can be registered.

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On what grounds can a trademark be refused in China?2018-11-10T17:50:04+00:00

Absolute grounds:

  1. Descriptive of the function, quality, materials etc. of the claimed products or other conditions due to lack of distinctiveness;
  2. Conflict with National Symbol or Geographical names (except those approved by the government of the country concerned, a trademark registration in such country could be used as the evidence of government proof)
  3. Negative meaning

 

Relative grounds:

Confusion with a similar trademark.

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What is considered a clearly descriptive trademark in China and are they registrable?2018-11-10T17:52:22+00:00

(1) the trademarks that are generic names, designs or models of the goods in respect of which the trademark is used;

(2) the trademarks that have direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;

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Can surnames or full names be registered as trademarks in China?2018-11-10T17:51:38+00:00

Yes

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Can a Chinese trademark be divided?2018-11-10T17:51:03+00:00

Division is allowed if part of the goods/services are refused. However, division of multi-class applications/registrations resulting from opposition, assignment, non-use cancellation or invalidation is not allowed.  This could cause considerable difficulty if any of these situations were to arise. This is why we do not suggest multi applications.

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How long is an opposition period in China?2018-11-10T17:46:52+00:00

A trademark opposition period is 3 months.

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How long Chinese trademarks are valid for?2018-11-10T17:44:07+00:00

A registered Chinese trademark must be renewed every 10 years.

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Do I have to use my trademark in China prior to filing?2018-11-10T17:41:55+00:00

No use is required for filing or registration.

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Articles

Register a trademark in the Canada
Register a trademark in the US
Register a trademark in the UK
Register a trademark in the EU
Register a trademark in Australia
Anita photo

Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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