Tag: trademark registration in china

Trademark Registration in China: A Step-by-Step Guide to Protecting Your Brand

Posted on by trademarkangel

When it comes to doing business in China, trademark registration is among the most significant things that you can do. China has the first-to-file method, meaning that the first person to have registered a trademark legally owns it even though it does not belong to their brand. This is the reason why it is essential to intervene early.

At Trademark Angel, we help businesses protect their identity with proper trademark registration in China. Whether you are a newcomer to the market or you already work in this market, this process will enable you to make your brand safe and prevent any legal complications in the future.

Why Trademark Registration Matters

When you register a trademark in China, you protect your brand name, logo, and identity. It stops others from copying or misusing your name. You also get the legal right to take action against counterfeiters or companies using a similar name. Without registration, your brand is at risk.

Trademarking in China also allows you to sell on major e-commerce platforms like Tmall, JD.com, and Douyin. These sites usually ask for proof of brand registration in China before letting you open a store. If you’re planning to license or franchise your business, having a trademark is often required.

What You Need to Get Started

To apply, you’ll need to decide which trademark classes fit your business. China has 45 trademark classes, each covering different goods or services. Picking the right class is key. For example, a skincare company would likely choose Class 3 (cosmetics and cleaning products).

Here’s what you’ll need to prepare:

  • A clear image or text of your trademark
  • Business license (for local companies)
  • Passport or registration proof (for foreign companies)
  • A power of attorney if you’re using an agent

Foreign companies must use a local agent for filing. We act as your trusted local partner, making sure your application follows Chinese rules.

The Process of Trademark Registration

The process starts by submitting your application to the China National Intellectual Property Administration (CNIPA). After that, there are a few steps:

  1. Examination – CNIPA checks if your trademark is legal and doesn’t conflict with others.
  2. Publication – If approved, it is published for 3 months for public objections.
  3. Registration – If no one objects (or if any objections are dismissed), your trademark gets registered.

The whole process usually takes between 6 and 12 months.

We always recommend doing a China trademark register search before applying. This search helps spot any similar or existing marks that might block your application. We handle this search for you as part of our service.

Avoiding Bad Faith Trademark Issues

Many foreign companies face problems with China trademark registration because someone else files for their name first, often with bad intentions. This is called trademark squatting. It can lead to legal fights, high costs, and delays.

To avoid this, apply early, check the database regularly, and monitor new filings. We help you do all of this with full support from our trademark team.

Ready to Protect Your Brand?

We’ve helped many international companies succeed with trademark and business registration in China. If you’re serious about protecting your brand, now is the time to act.

Reach out to our team today and let’s get started with your trademark application in China.

Why you should file your trademark in China now

Posted on by trademarkangel

Guide to the Chinese Trademark Registration Process

Part 2

Why you should file your Chinese trademark now

This is the 2nd article in our series of 3 article about Chinese trademark. Read our 1st article here.

As the second largest economic entity in the world, China has a broad market, and Chinese market is becoming an important role player/catalyst in the global trade. Question arises whether companies need to register their trademarks in China? And if they do, why?

The following introduction to the current situation of trademark filing in China may help you deciding on Chinese trademarks.

  1. First- to-File system

China adopts First-to-File system. It means that the company/individual who files the application first, gets the registration. To get a registration the use of the trademark is not necessary. Thus, filing a trademark application in China as soon as possible is highly recommended.

  1. Money spent BEFORE saves money AFTER

As Chinese market remains growing, especially with the fast development of e-commerce, Chinese consumers have more chances and various ways to know foreign brands and buy foreign products.

Some opportunists take this chance to apply for trademark applications of foreign brands in a rush. There is a specific word describing this, it’s called “trademark squatting”. Trademark squatters register international brands in China anticipating their entry into China. Once they really enter China, the squatters try to sell the trademarks back to the brand owner to earn profits. Some trademark squatters even use the reputation of the international brand to establish their own companies and make a profit on the original brand’s value.

If you lose the advantage of prior filing, there will be not only the risk of trademark infringement, but also a lengthy battle against the squatting, which may last for years. Below is the estimated time for the procedures against the squatting:

12~18 months for opposition

9~12 months for cancellation based on non-use for consecutive three years

9~12 months for review of cancellation based on non-use for consecutive three years

12~18 months for invalidation

The battle against the squatting is not only time consuming, but also costly, and the result is not always satisfying. At the end, you need to pay high cost to buy your trademark back. While an early application may help you avoiding all the above consequences.

  1. The earlier the application is filed, the higher the chance of it getting registered

In recent years, with the development of the market, the number of trademark applications in China increased rapidly.  There were over 6.3 million of trademark applications filed in China in 2017. In 2021 there were almost 12 million trademark applications filed in China. During the past 2 years, 2022 and 2023, there were over 8 million applications filed, every year, in China. China has consistently ranked first in the world in the volume of trademark applications for many years.

Such large number of prior existing trademarks makes the later application difficult to be exempt from similarity conflict. Thus, if you file your trademark application earlier, you will have a higher chance to get the registration.

Don’t forget that if you rely on your domestic trademark, you can claim priority from your first filed application – it means that your Chinese application will backdate to the date your first trademark application was filed. But remember you have to file within 6 months of the original date of filing in your native country.

  1. Easy application and low price

China government pays a lot attention to the Intellectual Property (IP) field, and releases many policies and measures to encourage market entities to file IP applications.

To apply for trademark application in China, there is no need to provide evidence of use. You just need to submit the application form and business license or passport to show the existence status. It is very easy and not many formalities exist.

The cost of trademark application in China is also low. You only need to pay CNY 300 (appr. USD 48) of official fee and certain attorney fees.

Don’t delay filing your trademark in China. Contact us if you have any questions!