China trademark search is one of the foremost steps that you need to conduct before filing the application for trademark registration. Before even starting to prepare your trade mark registration application in China, it is vital to be sure that an identical or similar trade mark hasn’t been already registered in China. A trade mark is essential to all kinds of companies, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand.
China Trademark Search
The trademark search is a risk control action before filing the mark. The result of the search should only be regarded as a reference for whether the trademark can be successfully registered or not, but not the legal basis.
The trademark search is based on the public trademark database of CTMO (China trademark office), any search activities that processed in China are all based on that database. The search types in China include: Chinese Character, Chinese Pinyin, English letters, Number, Acronym, Graphic. When your trademark is an English word mark and it has corresponding means in Chinese, it is needed to search the mark by Chinese Character.
If you filing the application without trademark search, the application may suffer the rejection due to identical or similar mark that registered or filed before.
China Trademark Registration
Chinese trademark law operates on a First to File system. That means that whomever first files a particular trademark in a particular category gets the rights. In accordance with international rules, Chinese trademark registration is based on 45 categories. Once registered, you mark is valid for 10 years. Renewal application for 10 years may be submitted 6 months before the expiry.
Procedures for Trademark Registration
1. Filing the application: Foreign applicants without residency or place of business in China are required to submit trade mark applications through a local Chinese trade mark agent who will deal directly with the Trademark Office.
2. Examination: After the China Trademark Office determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months.
3. Opposition: After acceptance, a trademark application will be published for opposition in the official bulletin. The opposition period is 90 days.
4. Registration: If there is no opposition after the statutory 90 days period from the date of publication, the Certificate of Registration will be issued.
Required Information and Documents
1. Corporation Applicant: Business Registration Certificate / Certificate of Incorporation;
2. Individual Applicant: Identity documents and address proof;
3. Application form;
4. Trademark drawing;
5. Power of Attorney.
Tannet Intellectual Property Services Center provides a full range of IP services from trademark, to copyright and patent both domestic and overseas. As China is focusing more on innovation and IPR protection, the governments grant favorable incentives for those eligible enterprise and individuals. Tannet can also help you apply for such government subsidies.
Contact Us
If you have further inquiries, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Shenzhen hotline at 86-755-82143422 or Hong Kong hotline at 852-27826888, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in16/F, Taiyangdao Bldg 2020,Dongmen Rd South, Luohu, Shenzhen, China.
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