Trademark search is the first step that one has to done when applying for a trademark. The most common type of intellectual property right (IPR) is a trademark. A trademark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand.
I. Why conduct a trade mark search?
Before you apply to register your trade mark in China you should check that it is available and has not been previously registered by another company, or is too similar to any other registered trade mark. This step will prevent you spending resources on an application which will be rejected and could delay your business operations in China.
Trademark agents can conduct a trade mark search on your behalf but you can conduct an initial search by yourself on the CTMO online database which records all trade marks applied for and registered in China. The database is available in English and is free to use. Please note that there may be a delay between some applications being filed and appearing on the CTMO database.
II. Trademark Search Information
The trade mark information contains the following data:
1. Registration no./application no. – every mark in each class of goods in China has a separate number.
2. International classification number – every trade mark must be registered in one of the 45 classes of goods and services.
3. Application date – this refers to the date on which the CTMO received the trade mark application.
4. Name and address of the registrant – in English and/or Chinese.
5. Representation of the mark – the image may sometimes appear upside down due to a technical problem.
6. List of goods and services – lists all the goods and services covered by the trade mark. Information in this field is only available in Chinese.
7. Similar group – includes the International Classification number and the subclass number.
8. Effective Period of Exclusive Right – trade marks can be perpetual but must be renewed every ten years in China.
III. Steps After Trademark Search
1. If your trade mark is not in the database:
This probably means that your trade mark is available and therefore we advise you to begin the process of registration with CTMO as soon as possible. If you do not have residency or a place of business in China you must apply through a local trade mark agent. A list of qualified trade mark agents can be found on the CTMO website. If you are planning to register the trade mark in Europe you can extend the registration to China through the Madrid Protocol. For more detailed information on trade mark registration please see the China IPR SME Helpdesk publication ‘Guide to Trade Mark Protection in China’.
2. If your trade mark is in the database:
This may mean that your trade mark has been registered in ‘bad-faith’ and is now effectively owned in China by someone else. At this point your options include:
(1) During the three month period between the bad-faith registration of your trade mark being published in the Trademark Gazette and the trade mark being granted, you can file an opposition with CTMO.
(2) If the trade mark has already been registered, you may be able to have the registration invalidated by filing a case with the Trade Mark Review and Adjudication Board (TRAB). The chance of success will depend on the specifics of the case.
(3) It may be possible to buy the trade mark through an online ‘supermarket’ or by negotiating directly with the trade mark owner, or through an intermediary such as a lawyer or trade mark agent.
IV. Contact Us
If you have further enquire, 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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