How to Register a Trademark in China

With the advent of new IP laws in China, the number of trademark applications is increasing rapidly. Because China operates according to a first-file doctrine in which the first applicant for a trademark will pre-empt all later applicants, the need to successfully register trademarks is increasingly important. Once registered, the trademark is valid for ten years and can be renewed indefinitely. Trademarks that may be registered include commodity trademarks, service trademarks, collective marks and certification marks.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Trademark attorney
• Power of attorney
• Trademark application
• Copies of your trademark specimen

1. Find a trademark attorney to assist you with registering your trademark. This is important for researching already-registered trademarks. An attorney should help to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. Your trademark must be a “visible mark;” trademarks for sounds or smells are not granted in China. An attorney is also important because your application must include a Chinese translation. The Chinese translation of the applicant’s name and address is a requisite for applications.
2. Identify the laws which regulate trademark registration between your country and China. Under Chinese law, your trademark is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.
3. Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims. This information must be declared in your application.
4. Ensure that your trademark adheres to Chinese laws and restrictions. For example, the image may not include insignia of any country, and may not involve only generic names. Conduct a search to endure that your trademark is not to similar to any already registered.
5. If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country). You must claim this right with a written request on the Application Form. Additionally, the Certified Copy of the original trademark application issued by your local registry should be filed with the CTMO along with the Application Form. Nevertheless, if you could not file such certified document with the initial filing, you could submit it within 3 months from the filing date.
6. Apply for registration with the China Trademark Office (CTMO). The application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months.

Tips & Warnings

• If you are a foreigner with no habitual residence or business office in China, you must appoint a trademark agency designated by the state to assist you in the application process.
• If an application for trademark registration is rejected, you may apply with the Trademark Review and Adjudication Board (TRAB) for reexamination.
• If you are applying for a certificate trademark or a collective trademark, you must also submit a notarized subject qualification certificate and the administrative regulations on the use of the trademark.
• Because one trademark registration refers to only one class of goods, you should register trademarks in as many classes as possible to ensure that no one else may register your trademark in a different class.