China trademark registration can claim the priority when filing the application. Right of priority of application for trademark registration means that a formal application in one member state shall be the basis, and at certain period, this applicant may enjoy trademark protection at other member states. The later application date shall be deemed as the same date as it first applies. A foreigner may enjoy the right of priority applying for trademark registration in China.
Priority Claim in Trademark Application
Priority is a right given and recognized by the great majority of countries around the world to the applicant of a trademark that has been filed for the very first time. When filing a specific trademark for the first time, that is, not having applied for the same trademark in any other country or territory before, the owner is granted a 6-month period from the date of first filing in order to be able to file in any other country as if the trademark would have been filed on the date of the first application (if priority is claimed).
For example, if you were to file a trademark for the first time in the UK on the 1st of January of X year, and then applied for a trademark X months later in China you would have two options:
1. Not claiming priority
The application for the China trademark would then be considered as having been done on the actual date of filing.
2. Claiming Priority
The application of the China trademark would be considered as having been done on the same date as that of the trademark filed in the UK. Therefore, although the trademark was actually filed on the date of XXX, it would actually be considered as if it would have been filed X months before on the same date as the trademark in the UK, that is, the 1st of January of X year.
Claiming Priority for Trademark Registration in China
Under the Trademark Law, if an applicant applies for the trademark registration of the same trademark for the commodities of the same class within 6 months from the day on which it filed the application for trademark registration of its trademark in a foreign country, it may enjoy the right of priority in accordance with the agreement concluded between that foreign country and China or the international treaty to which both countries are parties, or according to the principle of mutual acknowledgement of the right of priority.
The applicant that requests the right of priority in accordance with the preceding paragraph shall file a written declaration when filing the application for trademark registration, and shall submit a copy of the documents of application for trademark registration it firstly filed within 3 months; those failing to file the written declaration or failing to submit the copy of the documents of application for trademark registration within the prescribed time limit shall be regarded as having not requested for the right of priority.
China adopts first-to-file principle for obtaining trademark rights. This means that generally the person who files their trademark application first can register the trade mark. It is therefore highly advisable to file applications for trademarks as early as possible, and preferably well before you enter the Chinese market. Tannet’s Intellectual Property Service Center is equipped with IP lawyers and experienced professional consultants. We are glad to assist and advice on how to approach your particular challenge.
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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