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China, one of the largest consumer markets globally, offers immense opportunities for foreign businesses. However, protecting your intellectual property through trademark registration in China is essential for safeguarding your brand. This guide outlines the procedure of trademark application in China, focusing on necessary documents, steps, and key considerations.
What Can Be Registered as a Trademark in China?
A trademark in China can include any sign that distinguishes the goods or services of one enterprise from another. Eligible marks include:
- Words or phrases
- Logos or symbols
- 3D shapes or packaging
- Colors and sounds (non-traditional marks)
Key Documents Required for Trademark Application in China
To file a trademark application in China, applicants must prepare the following:
- Trademark Application Form: Filed with the China National Intellectual Property Administration (CNIPA).
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filing through a local representative.
- Priority Document (if applicable): If claiming priority based on an earlier foreign application.
Step-by-Step Procedure for Filing a Trademark Application in China
1. Preliminary Search
Before filing, it’s advisable to conduct a trademark search to avoid conflicts with existing marks.
2. Filing the Application
Submit the application to CNIPA either online or via mail, along with the required documents.
3. Formality Examination
CNIPA conducts a formality examination to ensure that all required documents are in order.
4. Substantive Examination
Once the formality check is complete, CNIPA carries out a substantive examination to determine if the trademark complies with China’s trademark laws. This can take up to 9-12 months.
5. Publication and Opposition
If the application passes the substantive examination, the trademark is published in the Trademark Gazette for a three-month opposition period.
6. Registration
If no oppositions are raised, the trademark proceeds to registration, and the Trademark Registration Certificate is issued.
Duration and Renewal of Trademark Protection in China
Once registered, a trademark in China is valid for 10 years from the registration date. It can be renewed indefinitely for additional 10-year periods. Renewal must be filed six months before expiration to avoid penalties.
Common Challenges in Trademark Registration in China
- First-to-File System: China follows a strict first-to-file system, meaning trademark rights are awarded to the first entity to file, regardless of prior use.
- Trademark Squatting: China has been known for trademark squatting, where individuals register well-known foreign trademarks to block legitimate use. Conducting thorough due diligence before entering the market is essential.
Why Choose ASL LAW for Your Trademark Registration in China?
Navigating China’s complex IP system can be challenging, but ASL LAW provides expert guidance to ensure smooth trademark registration in China. Our team has extensive experience with the local laws and can help protect your brand.
Conclusion
For businesses entering China, understanding the procedure of trademark application is vital for protecting your intellectual property. By partnering with a trusted law firm like ASL LAW, you can navigate China’s complex trademark system efficiently.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
