China trademark registration has gradually becomes more and more simpler. According to the State Intellectual Property Office (SIPO) on November 28, China launched an online trademark-service system. The online system is an upgraded version of the application system. It is an integrated platform that combines trademark-related inquiry, application, announcements, online payment and registration publicity.
China has seen an increasing number of applications for trademark registration in recent years. From January to October this year, trademark applications in China reached around 6 million, up 36.4% year-on-year. China has facilitated the trademark registration process. By November 9, the average trademark review cycle had shortened to less than six months.
Trademark Registration in China
China adopts first-to-file principle, which means whoever has a trademark registration approved first in China owns the rights to the trademark. There are two ways to file the application: filing an application directly with the China Trademark Office or alternatively by extending an existing application or registration to China under the Madrid Protocol. For foreigners, if you choose to file the application directly, you must file through a local Chinese trademark agency.
Before filing your trademark, trademark searches are advised to conduct to check whether anyone else has already filed for a similar or identical mark which might block your planned application. Once approved, the application will be published. Then there will be a three-month opposition period, during which any party may file an opposition against the mark. If no opposition be filed, the mark will be granted for registration and the registration certificate will be issued accordingly.
Normally, it takes 9-14 months to obtain a trademark registration in China, with protection generally effective on the date of registration. Once registered, the validity period of a registered Chinese trademark is 10 years and can be renewed every 10 years.
Required Information
The required information for applying for a trademark registration in China is more or less than that of other countries and jurisdictions. Basically speaking, the applicant needs to provide:
1. Representation of the trademark;
2. List of goods and services;
3. Applicant's details (name, address, nationality);
4. Power of Attorney (prepared by Tannet and a simply signed Power of Attorney is sufficient).
Trademark registration in Mainaland China is not effective in the area of Hong Kong, Macu and Taiwan in China. If you are planning to expand your business in Hong Kong, Macau and Taiwan, we can also provide the service of trademark registration application in these areas.
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 86-755-82143512, 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.
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