China trademark registration is an important way to protect your intellectual property rights in China. Unlike registering a trademark in the United States, registering a trademark in China holds some interesting distinctions. One of which is that China is a First to File country, while the U.S. is a First in Time, First in Right country. Below are the frequently asked questions about trademark in China.
Q: Why do I need to register my trademarks?
A: To protect your business. Trademark registration means you are the only one who can legally use your trademark in China. Unlike the U.S., owning an unregistered trademark that you designed and use in your business does not give you the exclusive right to use it. (Unless it has been identified as a famous mark which almost never happens for foreigners in China.) This also means someone can register your Trademark out from under you. And then go after you for using it. You can get it back in some cases but expect to spend a lot of time and money for the privilege.
Q: What Types of Trademarks Can Be Registered?
A: Words; Designs; Numerals; Letters of the alphabet; Combinations of colors; Three-dimensional symbols. (NOTE: Avoid the names of cities, countries and Chinese presidents.)
Q: Who can register a Trademark in China?
A: Just about anybody. A trademark owner may be a Chinese enterprise, Chinese institution, Chinese social organization, Chinese individual business, Chinese individual partnership, a Chinese natural person, a foreign natural person or a foreign legal person (usually a business).
Q: What are the requirements for a Trademark registration?
A: Any natural person, legal person or other organization (like we said, anybody) can file an application with the Trademark Office. Like every other country, China prohibits some designs - a design that contains an official government insignia, for example -from being registered. You also can’t register a trademark that contains someone else’s trademark. And, you can’t register one that’s similar to a canceled Trademark within one year of its cancellation.
Q: What is a three-dimensional trademark? Can it be registered in China?
A: A three-dimensional Trademark refers to a three-dimensional configuration, such as the shape of goods or their wrapping as well other packaging. China recognizes three-dimensional Trademarks. But, the three-dimensional Trademark must be distinctive, and cannot be the natural shape of the product or the shape necessary to achieve the effect of the technique.
Q: What is the Priority Right？
A: A Priority Right allows you to file a subsequent application in another country for the same invention, design, or Trademark effective as of the date of filing the first application.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
Previous：Study in China FAQs
Next：China Patent FAQ