How to do China trademark registration? It is easy and not easy. A trademark is a sign that serves the specific and primary purpose of identifying the goods or services of a producer, which allowing the consumers to distinguish goods or services of one producer from those of another.
Everyone knows that the globalization is strongly connected each other in different areas, for communication, travelling worldwide, business developing. We expose ourselves in short time by internet, same as our products or services do. Protecting your own mark or brand image is seriously important, not only in your local market, but also worldwide. China takes very important role in worldwide economy with its hugh marketplace. So why not register trademark in China right now?
China is a first-to-file country. It means that the person who register the trademark first, who will get all the rights to distribute and sell products to China.
Trademark registration process in China
When you decided to apply trademark in China, there are always two ways you can choose. Below is the first way you need follow step by step. It is also called local file trademark application in China.
Step 1: Have a nice trademark or name
You can choose words, (English letters or Chinese characters) words and drawing, or only drawings for your trademark. How to make your local mark connected with Chinese trademark when people remind it in mind? Actually it is very important for business developing, especially at the beginning.
Phonetic translation is a good way for you to make the Chinese name sound similar to the English name.
For example, Boeing is translated as Bo Yin, it sounds similar to the English name and very easy to remember in public. Another good way is literal translation. Take facebook for example. It was translated into Lian Shu in China. It does not mean anything for the company, nor shows that facebook is one internet company. But it is nice name for the company, short and easy to be remembered in your heart.
Step 2: China trademark search
You can search for China register trademark on CNIPA’s (Trademark Office of National Intellectual Property Administration) official website. It is legal with updated informative trademark database. You can get exact search results here. If you are not familiar with it, we can help you do trademark search, addtional fees will occur.
- Searching for similar trademark as you plan to register
- Get detailed information about different trademark
- Know the status of different application, even it is not your own
If you do search by yourself, you need understand Chinese or do search with some translation tools. Here is the vedio about how to search China trademark.
Step 3: Submit application to China trademark office
After we have studied with your case, we will prepare documents and submit for application. You need give detailed information about your company or your personal information. In China, CNIPA (China National Intellectual Property Administration) is responsible to handle the applications of trademarks.
1. CNIPA reviews the application and confirms whether you can proceed or if complementaries are needed.
2. CNIPA starts a thorough process to register the trademark (normally takes 6 months)
3. Approves and issues the trademark (takes generally 2 months when the above process has finished)
4. You receive a certificate of approval (normally takes 2 additional months)
Step 4: Finish the whole registration process
In this step, you will get one trademark certificate with detailed information, such as the trademark name, trademark owner, trademark registration number, classes, registration date and so on.
Marid agreement or protocol trademark registration
The second way to register trademark in China is that you have registered trademark in your local country. You can extend your domestic trademark in China.
This possibility is only available to applicant who come from countries which is a party to the Madrid Agreement or the Madrid Protocol, the two main international treaties concerning the international registration of trademarks. They are similar but not same. The main difference is that in the Protocol, it is possible to apply for the extension of the trademark to other countries, even before it is registered in the country of origin, when it is still at the stage of application. China is a member of both organization.
The application for extension to China is made to the office of WIPO in Europe and USPTO in USA. For the nationals of a member State of the Madrid Agreement, the application must be based on a registered trademark. For the nationals of a member State of the Madrid Protocol, a simple trademark application, even it is not registered is accepted.
Upon receipt of the application, WIPO enters a record in the International Register and publishes the application in the International Trademark Gazette and notifies the Trademark Authorities of the country(ies) concerned by the extension. A period of three months for oppositions by third parties starts on the 1st day of the next month following the publication in the Gazette.
If no objection is made by the Trademark Authority of the countries concerned, within a period of one year (Madrid Agreement) to 18 months (Madrid Protocol) from the date on which the trademark was recorded in the International Register, the trademark is considered registered, from the date of the certificate issued by WIPO or USPTO.
Advantages of registering trademark in China
This question is often asked by our customers to confirm if it is worth to spend money to apply for trademark. I would like to share the advantages of haveing one trademark.
- You can sell it
- You can transfer it
- You can use it for your purpose in business
- You can avoid others to register your original brand in China
China trademark filing requriements
- Trademark words, sign or phrase
- The applicant name, address or company name and address
- Contact information such as email or phone number
China trademark registration cost
|services fees (USD)||government fees (USD)||total (USD)|
|1||trademark checkup fees Chinese or English words||100||100|
|2||Trademark registration fee (one Niche class with 10 sub classes)||200||50||250|
|3||reply to trademark objection||100/reply|
|4||overcome to the objection||300/reply|
|Part 1 and 2 are must pay cost, if your mark do not meet objection, part 3 and 4 will not occur.|