Understanding the procedure of the trademark registration in China is one of important factors to register the trademark successfully. Hence, what is the procedure of trademark registration in China?
+ Step 1: Trademark search in China
In the respect of registration procedures in China, to ensure safety for the holder’s trademark registration, before filing a trademark application, a trademark search is conducted to undertake that they have a good chance to register their trademark successfully.
When having the result of searching their trademark, if their trademark is capable to be registered, the holder should carry out procedures of filing application as soon as possible.
+ Step 2: Filing trademark in China
The approximate time frame for such registration is 12 months without an opposition. However, when the Trademark Office have published the application on gazette, others can file an opposition against the holder’s trademark until finishing the process of substantive examination. Then, after the trademark is registered successfully in China, the holder is granted a protection certificate and their trademark is protected within 10 years from the time of filing the application.
+ Step 3: Use of trademark after the trademark is granted
In China, the owner does not need to prove the use of their trademark, but the trademark must be used in practice. Others can request the owner to prove their use by giving evidences that the holder have done trading actions with their trademark such as advertising, establishing business locations and especially providing customers with their items/services.
In case of that the trademark has not been used by its owner or the licensee of the owner without justifiable reason for three years, which is calculated by dating back three years from the date of receipt of “Application for Cancellation of Registered Trademark Not Having Been Used for Three Consecutive Years” by the Chinese Trademark Office, the effectiveness of the trademark shall be terminated.
Therefore, the Intellectual Property Law of each nation is quite different, so knowing firmly the procedure of trademark registration in China gives the holder a good chance to register their trademark successfully.