Trademark registration is a necessary procedure for businesses wishing to do business in the China market, the rights to the trademark in China will be granted to the individual or company using the mark for the first time.
Requirements when filing a trademark application in China
The official language when registering a trademark at the China Intellectual Property Office is Chinese.
Multiple trademarks can be registered with one application in China.
An application for trademark registration in China must contain the following information: trademark to be registered, request for trademark registration in China, information about the applicant(s) with Chinese translation, list of goods registration goods and/or services, priority documents (if priority is required), trademark samples.
A signed power of attorney is a required document when registering a trademark in China. A copy of the form must be provided at the time of filing the trademark application in China.
If priority is claimed, a certified copy of the Priority Document and its Chinese translation must be filed within three months of the filing date of the trademark application in China.
Stage of Examination, publication, and Objection to Trademark Applications in China
If the trademark application complies with the relevant provisions of the China Trademark Law, the application will be formally accepted and published.
Within a period of three months from the date of publication, any party interested in the mark may file an objection to the trademark application in China.
Term of validity and renewal of trademark
There is no official sponsorship fee specified. Trademarks in China are valid for ten years from the date of registration. Requests for renewal of registration must be filed within twelve months prior to the expiration of the validity period of the mark. Trademarks can be renewed for a period of 6 months from the date of expiration of the trademark by paying a corresponding surcharge. A trademark can be renewed each time for a period of ten years.
The processing time from filing an application to successfully registering a trademark in China is about 9-12 months in case the registration procedure goes smoothly.
Use requirements
Trademark registration in China may be canceled if it is not used for a consecutive period of 3 years from the date of registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in China should be done through a law firm or a trademark registration attorney in China.
You can find the list of China IP firms here.