China Trademark Registration – China Trademark Search

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

Let us help you register a trademark in China. No broken English, no miscommunication. Let us make the process easy for you.

Important highlights of the China trademark 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.

Select a plan to start your Trademark Registration in China

Prices are in USD for China

SAIL THROUGH

$445

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

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ALL IN

$775

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

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BELLS AND WHISTLES

$1545

Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.

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Prices depend on the country. Please check individual country page for exact prices for each package.

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Details About Chinese trademark packages

What’s included:

Preparation and filing of your application and reporting the progress all the way to registration.

The maximum number of classes: 1. You can list up to 10 items in a single class with no extra fees. The additional charge for each extra item above 10 is $15.

Our professional fees for each extra class are $200.

What’s not included:

Government fees, responding to examiner’s objections (office actions), opposition proceedings, free re-filing and additional extras that you get with the “ALL IN” package

If an office action is received, you will be notified and provided with an estimate to respond based on our hourly rate. Where possible, we will try to give you a flat fee.

When to choose:

If your funds are limited and if our free trademark search didn’t uncover any obstacles to registration.

When it’s better to choose another package:

If our search showed that there may be an objection that may need to be addressed.

If your trademark may be problematic and re-filing may be required.

We usually recommend the ALL IN package in China as in China objections are quite common.

What’s included:

Covers everything that is included in “SAIL THROUGH” package plus reporting and responding to non-substantive (procedural) office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “SAIL THROUGH” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

You can list up to 10 items in a single class with no extra fees. The additional charge for each extra item above 10 is $15.

The maximum number of classes: 1. Our professional fees for each extra class is $450.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, substantive office actions, opposition proceedings and additional free extras that you get with “BELLS AND WHISTLES” package.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for China.

Why is it a better choice than “SAIL THROUGH” package:

We will deal with non-substantive office actions for free. In addition, if your trademark is refused, you will have an option to file for a different trademark and our professional fees will be waived!

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

What’s included:

Covers everything that is included in the “ALL IN” package plus reporting and responding to substantive office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “ALL IN” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

You can list up to 10 items in a single class with no extra fees. The additional charge for each extra item above 10 is $15.

The maximum number of classes: 1. Our professional fees for each extra class is $1295, filed as a a separate trademark.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, opposition proceedings, cancellation proceedings and additional free extras that you get with “BELLS AND WHISTLES” package.

When to choose:

Please note that given very irregular updates of the Chinese Trademark Office database, substantive refusals are very common, so this package is the best choice.

Why is it a better choice than “ALL IN” package:

We will deal with substantive office actions for free. Since substantive objections are very common, this package is a steal.

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

Frequently Asked Questions

If somebody registers my trademark in China, can I be prevented from shipping my branded products out of China?

Yes, such situation may be possible and this if why we recommend filing your trademark in China if you source your products in China for your Amazon business. If a 3rd party’s trademark is successfully registered and then recorded at the Customs, the exporting of your products in future might be blocked. If you have prior use in China or applied for a trademark in China before, we can theoretically argue against this restriction. However, it is a litigation procedure which is very expensive and time consuming. If a 3rd party trademark is registered and you are afraid that they the registrant may block the export of your goods, you can instruct us to check whether the other party filed Customs Recordal each time you are exporting your goods. As far as we know, a lot of trademark owners do not file Customs Recordal for registered trademarks.

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What is a power of attorney? When do I need to sign a power of attorney?

A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal. In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office. Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application. In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.

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How does the process work with Trademark Angel? What happens after I buy a trademark package?

There are 3 ways how you can proceed:

Book an initial phone call with us. Here is the link for the trademark package
Ask for a free preliminary trademark search to get an idea of 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.
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?

We'll confirm your order.
We'll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
If your trademark is registrable, we'll move forward with the trademark registration process.
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?

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)

Trademark Classes

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?

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:

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

- 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-australia

instead 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?

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?

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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Are geographically descriptive marks registrable China?

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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What is considered a clearly descriptive trademark in China and are they registrable?

(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?

Yes

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Can a Chinese trademark be divided?

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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On what grounds can a trademark be refused in China?

Absolute grounds:

Descriptive of the function, quality, materials etc. of the claimed products or other conditions due to lack of distinctiveness;
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)
Negative meaning

Relative grounds: Confusion with a similar trademark.

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What is required in order to file a trademark application in China?

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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What is the trademark classification system in China? How is it different?

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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Can I use my trademark in China if it isn’t registered?

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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How long is an opposition period in China?

A trademark opposition period is 3 months in China.

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Please explain trademark registration process in China.

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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Why should I consider registering my trademark in China?

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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How long Chinese trademarks are valid for?

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?

No use is required for filing or registration.

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Do you do a free trademark search in China?

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

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How long are trademarks valid for?

Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing. In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th year after the registration date, you must file an "affidavit of use" to keep the registration alive. In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date. In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration. In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.

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Trademark Registration

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Additional Services

China Trademark Registration – China Trademark Search

Important highlights of the China trademark registration process:

Select a plan to start your Trademark Registration in China

SAIL THROUGH

$445

ALL IN

$775

BELLS AND WHISTLES

$1545

Details About Chinese trademark packages

What’s included:

What’s not included:

When to choose:

When it’s better to choose another package:

What’s included:

Free extras:

What’s not included:

When to choose:

Why is it a better choice than “SAIL THROUGH” package:

File with confidence:

What’s included:

Free extras:

What’s not included:

When to choose:

Why is it a better choice than “ALL IN” package:

File with confidence:

Government fees are not included in our packages and are extra

Upgrades

Upgrade 1

$330

Upgrade 2

$1100

Upgrade 3

$770

Frequently Asked Questions

Trademark Classes

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