If you want to protect your brand you should know how to register trademark in China. Trademark can be registered in China in the name of any person or legal entity: foreign individual or Chinese citizen, Chinese company (including those with foreign investments) or foreign company (including Hong Kong company).
The process of trademark registration in China is easy: any person or legal entity, including foreign natural person or foreign company, can apply for registration. It is enough to provide trademark picture (in electronic form) and scan copy of passport/business license of applicant.
The first step of your business related to China should be registration of your trademark here. Otherwise there is a great chance that your TM will be very quickly registered by others in China with negative consequences for your business.
Providing documents regarding registration of your trademark is often obligatory requirement in store chains, e-commerce platforms in China.
Requirements for trademark registration in China
To register a trademark in China you should provide the following materials:
- documents of an applicant: a copy (scan copy) of registration document for legal entities (for foreign companies - the document must be translated into Chinese) or a copy (scan copy) of passport for individuals and information on place of residence;
- applied trademark picture (in electronic form);
- list of goods/services for which you are going to make trademark registration
Stages and period of trademark registration
Stage 1: Preliminary check
To prevent conflicts with previously registered trademarks and earlier applications in the review process, it is recommended to perform the procedure of preliminary search of identical/ similar registrations / applications. Service on preliminary check on the identity and similarity with the previously registered or applied already in China trademarks is free of charge (although the final decision on whether the trademark could be registered is up to Trademark Administration of China). Period: 1 day.
Stage 2: Submission of an application for trademark registration in China
If during preliminary check identical/ similar registrations/ applications are not revealed, we can prepare for you relevant documentation with the application for trademark registration and submit them to the Trademark Administration of China. Period: within 3 days.
Stage 3: Preliminary review of documents
After submitting the application with related documents Trademark Administration of China will conduct preliminary review of submitted materials on formal attributes of compliance with established requirements (verification of information about the applicant, its location, field of activity, classes and names of goods/services to which the trademark is applied to register, integrity and completeness of the submitted materials, correctness of filling of required documents, etc.). Period: about 1-2 months.
Stage 4: Official reception of documents for examination of trademark
After successful completion of preliminary review of the materials, documents are formally accepted by Trademark Administration of China for the process of trademark examination. Period: about 3 months.
Stage 5: Examination of trademark
In the course of examination of trademark, Trademark Administration of China will check its compliance with the requirements of law and establish trademark priority.
The duration of trademark examination of will take about 1 year.
Stage 6: Publication
If in the course of trademark examination the grounds for refusal will not be identified, Trademark Administration of China will make decision about issuing the Certificate of Trademark Registration and will publish the information regarding the trademark (applicant's name, its address, date of filing and number of application, description, classes, goods/services names).
Period: within 3 months after the publication the right for trademark can be challenged.
Stage 7: Approval of trademark registration
If the application for trademark registration was not challenged within 3 months after publication, Trademark Administration of China will approve the fact of trademark registration and issue a Certificate of Trademark Registration. Period of issuance: about 1 month.
Term of validity of trademark registration is 10 years (at the end of the period, if necessary, you can start procedure of trademark registration renewal).
Costs of trademark registration in China:
Our company services price for trademark registration in China in one class is RMB2,000.00 per one trademark in one class. Plus there is a state fee for trademark registration is RMB600.00 per one trademark in one class (number of goods/services is up to 10 in one class, if more - there is RMB250.00 fee for each additional goods/service name).
The registration of a trademark in Mainland China does not apply to special administrative zones - Hong Kong and Macau.