Trademark registration in China.
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The People's Republic of China is considered to be the heart of world production. As in other countries, there is a procedure for legislative protection of brand names. Trademark registration in China has its own features and rules. Our company has successful experience in the registration of intellectual property in many countries, including China.
The basic rules of trademark registration in China.
First, mention the timing. Trademark registration process in China takes approximately 24 months from the filing date. Individuals and legal entities of any form of ownership can file trademark application in China. Companies or non-resident citizens of the country have the opportunity to apply for trademark exclusively through patent attorneys of China. We can offer this service due to the conclusion of contracts with our partners - local lawyers and officially accredited patent attorneys.
How should you name your Chinese trademark
Registering the Chinese version for a Latin trademark is necessary if the Chinese version is to be used. Even if it is not to be used, registration of its Chinese version is also necessary if the Latin trademark has de facto obtained its Chinese version that is well accepted by consumers especially when the trademark is coined.
Trademark Classes in China
China adopts the International Classification of Goods and Services formulated pursuant to the Nice Convention. Registration of a trademark in China is carried out concerning the specific goods sold or manufactured by the applicant or for services that are provided. There is another feature here - the payment of the state duty is carried out not for classes as a whole, but for selected goods or services.
You can apply for registration:
- Image (graphics).
- A word or expression (letters and numbers).
- Color or a combination thereof.
- Three-dimensional objects
Registration of a trademark, which contains a combination of the above elements, is also available.
The following signs cannot be registered as trademarks:
- generic names, designs or models of the goods in respect of which the trademark is used;
- direct indications of the quality, functions, primary raw materials, use, quantity, weight, or other characteristics of the goods in respect of which the trademark is used;
- other non-distinctive signs.
The following signs cannot be used as trademarks:
- similar to the name, flag, emblem, anthem, military flag, army emblem, military anthem, or decorations of the People's Republic of China, and those identical with the name or symbol of a central government department of the State;
- identical with or similar to the names, flags, emblems or military flags of foreign countries, international intergovernmental organizations, etc., unless they agrees on the use;
- having the nature of discrimination against any nationality;
- having the nature of fraud, being liable to mislead the public about the characteristics of the goods such as the quality or the place of origin; and
- having unhealthy influences to socialist morals or customs.
Trademark registration search in China
The trademark must be distinctive and must not infringe the rights of third parties. To identify such uniqueness, we will certainly conduct a specialized search in the basis of filed applications and registered trademarks. Trademark search in China provides an almost 100% guarantee of registration success if our experts have not found a reason to refuse registration.
International trademark registration in China
International applicant may file with WIPO the international application for registration of a particular trademark designating China under the Madrid Agreement or Protocol. The Trademark Office has the right to reject trademarks not conforming to the China Trademark Law.
Bad faith trademark registration in China
On 23 April 2019, the Standing Committee of the National People's Congress announced the amendments to the Trademark Law ("Law"), which are effective from 1 November 2019. A key objective is to curb bad faith trademark filings by providing new grounds of challenge at all stages of the prosecution process and imposing greater sanctions against trademark agencies for facilitating bad faith filings.
How can you register a trademark in China?
To initiate the registration procedure, you must file an online application on our website. For this, you`ll have to determine a number of factors and indicate the following data:
- Type of trademark.
- The status of the applicant.
- Classes for registration.
- Information about the applicant.
As soon as you enter this information, you will receive an invoice for payment. You can deposit funds online or through a bank. After receiving the money, we will begin our work. We will conduct a search on the trademarks of the People's Republic of China, and then the application will be filed to the Offices in strict accordance with the "Trademark Law of the People's Republic of China".
And finally: how much does it cost to register a trademark in China?
The minimum fee is for 10 services or goods, and if you decide to declare more, you will have to pay. Trademark registration fees in China are as follows:
Application for registration per mark per class (up to 10 items) - RMB 300.
Additional fee for each item in excess of 10 items per class - RMB 30.