Trademark registration in China has been drew more and more attention in recent years. A trademark is one of the family members of intellectual property family, which also includes patent and copyright. Intellectual property not only adds value to the business assets, but also performs business distinguishing and corporate image. Before we go for trademark registration, make sure whether your focus is on brand name promotion, market protection or both.
I. What is a trademark
A trademark is any word, phrase, symbol, design, or any combination thereof, used to distinguish the products or services of one person or organization from those of others. Trademarks come to represent not only actual products and services, but the reputation of the producer. As such, they are considered valuable intellectual properties and a key component of the goodwill of a business. A registered trademark can be protected through legal proceedings from misuse and imitation.
II. Why register a China trademark
The economy of the People's Republic of China is the second largest in the world after that of the United States with a GDP of $7.8 trillion (2008) when measured on a purchasing power parity (PPP) basis. It is the third largest in the world after the US and Japan with a nominal GDP of US$4.3 trillion (2008) when measured in exchange-rate terms. China has been the fastest-growing major nation for the past quarter of a century with an average annual GDP growth rate above 10%. One can register a China trademark for the market protection purpose when the international transfer of goods is going on here.
III. Different types of trademark
There are three basic types. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific firm. Certification marks identify goods or services which meet a defined standard set by a governing organization. Distinguishing guise identifies the unique shape of a product or its package.
IV. Classifications of trademark
There are forty-five classifications of trademarks ranging one sector to another, before we go to the trademark office, we should be aware of which category our trademark fall in.
V. Use of a trademark before registration
Yes, you can use a trademark before it is registered. But you’d better be fully aware of the difference between a registered trademark and an unregistered trademark. A registered trademark is one that is entered on the Trademark Registry. You are not required to register your trademark. In China using a mark for a certain length of time cannot establish ownership, so registration is highly recommended.
Registration is direct (prima facie) evidence of your ownership and enables you to more easily protect your rights, should someone challenge them. In a dispute, the registered owner does not have to prove ownership; Use of an unregistered trademark can lead to a lengthy, expensive legal dispute over who has the right to use it.
Keep in mind also that a registered trademark is a valuable asset for business expansion through licensing and franchises. Note as well that if you fail to use the mark for an extended period, your registration may be cancelled.
VI. Trademark registration in China
Step 1. Find a trademark attorney to assist you with registering your trademark. This is important for researching already-registered trademarks. An attorney should help to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. Your trademark must be a “visible mark;” trademarks for sounds or smells are not granted in China. An attorney is also important because your application must include a Chinese translation. The Chinese translation of the applicant’s name and address is a requisite for applications.
Step 2. Identify the laws which regulate trademark registration between your country and China. Under Chinese law, your trademark is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.
Step 3. Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims. This information must be declared in your application.
Step 4. Ensure that your trademark adheres to Chinese laws and restrictions. For example, the image may not include insignia of any country, and may not involve only generic names. Conduct a search to endure that your trademark is not to similar to any already registered.
Step 5. If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country). You must claim this right with a written request on the Application Form. Additionally, the Certified Copy of the original trademark application issued by your local registry should be filed with the CTMO along with the Application Form. Nevertheless, if you could not file such certified document with the initial filing, you could submit it within 3 months from the filing date.
Step 6. Apply for registration with the China Trademark Office (CTMO). The application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months.
VII. Documents needed for trademark application
The principal document in the registration process is your application form. A separate application for each trademark to be registered, although one application may cover both wares and services or a number of wares or services, must be filed. If your application is based on the current use of a design then three specimens of the mark as used should be submitted at the time of filing. the appropriate application form filled out by you or your agent.
your written authorization, if someone other than you or your agent has signed the application;
1. Your company's business license;
2. A clear picture of your design;
3. The company stamp.
VIII. Follow-up services
1. Trademark renewal – China trademarks should be renewed in ten years by filing the renewal documents with the China Trademark Registry.
2. Trademark transfer – Any trademark can be transferred after it is registered.
3. If your trademark is distinguished and want to extend your business to China, Tannet can take care of all the formalities on trademark authorization.
4. Trademark lawsuit – if one comes across opposition or legal action from the opposites, Counter-opposition and legal respond can be arranged by Tannet.
IX. Why choose Tannet as a trademark agent
Trademark Agents, on behalf of the clients, file trademark applications with the Trade Marks Office. When the members of the profession can not agree on the correct use of the word trademark you can see why this subject might be confusing to the public. This site is presented in the hopes that we can clarify some of the issues that surround this subject.
Preparing a trademark application and following through on it can be a complex task, particularly if a rival challenges your right to the mark. You may file on you own, but it is highly recommended that you hire a registered trademark agent to do so on your behalf.
An experienced, competent trademark agent, who is well briefed, can save you problems caused by such obstacles as a poorly prepared application or inadequate research. If you intend to register marks in other countries, the use of a trademark agent is strongly recommended.
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.
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