Trademark in China
Businesses have the chance to expand into new markets as India grows in the international arena. China continues to be the top business destination because it is one of the biggest exporters and consumers in the world. This article explains how to register a trademark in China.
What does China's trademark law say?
- China only recognizes trademarks that have been registered under its jurisdiction; for Indian businesses wishing to do business in China, this is an essential legal step.
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Applicants that filed their trademark applications initially are granted priority protection in China. Therefore, it is advised to file the trademark application as soon as possible, even before you reach the Chinese market, to facilitate your company's entry into China.
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Additionally, China permits the registration of colours and three-dimensional trademarks.
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Collective and certification trademarks are now recognized by Chinese law and are eligible for registration there as well.
The Chinese trademark system's adequacy
Trademarks have a ten-year general validity period before they can be renewed for additional ten-year terms (indefinitely).
Why should your company register its trademark in China?
To safeguard your company's brand, reputation, and image abroad, you should register for trademark registration in China. For well-known brands, there is a real risk that someone else may register the trademark and bar them from entering the Chinese market.
Who handles China's trademark law?
the legal framework governing trademarks in mainland China as recognized by the China National Intellectual Property Administration. Additionally, it has an appeals clause that is managed by the Trademark Review and Adjudication Board and the courts).
Where do you submit registration applications?
- The China National Intellectual Property Administration's Trademark Office handles the registration of trademarks in China (CTMO).
- Any business wishing to register a trademark may do so either directly with the CTMO or through WIPO (World Intellectual Property Organization).
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The corporation must submit one application per class of goods or services and provide a precise description of the goods or services for which the protection is required, especially if you do not have a residence or place of business in China.
Choosing a name in Chinese or a Translation
Most businesses employ a few distinct tactics while registering a trademark for their brand in China. To prevent any misunderstandings, foreign candidates must be careful to provide a straight translation or a Chinese version. This aids applicants in safeguarding their companies against unintentional infringement.
- Literal translation- For instance, the name "PING GUO," which is Chinese for "apple," was registered by Apple Computers.
- Phonetic translation- Audi registered the term "AO DI," which has a similar sound.
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Phonological and literal translation combined- Coca-Cola is referred to as "ke kou ke le," which sounds like the brand name but translates to "taste and be pleased."
Documents needed for China trademark registration
The following papers must be created-
- Five copies, printed on clear, slick paper, or in place of five copies, five photographs no larger than 10 cm x 5 cm
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If colour is claimed, five copies in colour and one copy in black and white
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If the trademark is in a foreign language or contains a foreign language, a translation must be provided
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For a three-dimensional or colour-combination trademark, a particular statement indicating that the shape or the colour combination that claims as a trademark, together with a literal description.
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It is possible to date back the application to the time of the prior registration or exhibition by submitting the relevant evidence if the trademark was recently registered in another country (less than six months) or displayed in an exhibition in China during the previous six months.
How long does it take in China to register a trademark?
2019 reduced the time limit imposed for getting registration done in China, from an average of 18 months to 15 months. However, this does not take into account the time needed by the applicant to compile background data. and the gathering and assembling of the necessary filing documentation. Always include any additional delays in your time estimation.
What timeline to expect when registering your trademark in China
- Formal assessment- The time requirement has been reduced under the new policy from the previous need of two months to just 30 days.
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Substantive examination- This procedure of examination could take six months. Here, the authority either sends a notice of rejection or advances the registration procedure to the next stage.
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Examining new trademark assignments- It is time consuming for organizations planning to operate in China. The assignment examination duration has been shortened from four months to two.
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Publication in the official trademark gazette- Beginning on the date of publication, third parties have three months to submit an opposition to the CTMO. If no opposition is submitted (or if one is submitted but is rejected), the trademark is registered, and its 10-year period of validity begins at the conclusion of the three-month opposition period.
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Amendment and renewal of trademarks- The Chinese law also allows for trademark amendment, just like Indian law does. Normally, this process takes two months.
What are the costs associated with registering a trademark in China?
The official fee for each application covering 10 items or services submitted to the CTMO is RMB 800 (Chinese Yuan). If more than 10 items or services are listed in one application, an extra cost of RMB 100 will be applied to each item or service.
FAQ
Are there trademarks in China?
A trademark can be registered via either the "national" or "international" system, and it is only after registration that it is actually protected in China. A centralized registration system exists in China.
In China, do I require a trademark?
You must register your trademark in China if you want to safeguard your distinctive company, brand, and product. Even if you might already have a sizable number of trademarks for which you hold the rights elsewhere, once you enter the China market, pretty much all bets are off.
Is obtaining a trademark challenging in China?
Unlike Canada or the USA, China is a "first-to-file" nation. It implies that the first party to submit a trademark application will often be given priority over an earlier trademark user. Applications may be submitted and registered in China without showing proof of use.
What is the lifespan of trademarks in China?
In China, a trademark is legal for ten years following the date of registration. Within a year of the registration's expiration date, a request to renew it must be submitted.
In China, where do I register a trademark?
In China, trademarks are registered by the China National Intellectual Property Administration's Trademark Office (CTMO). Any business requesting a trademark may do so either directly with the CTMO or via WIPO ( World Intellectual Property Organization).
In China, how can I register a trademark?
The business must submit an application either directly to the China Trade Mark Office (CTMO) or via the World Intellectual Property Organization (WIPO). The trademark application must be based in the nation where the mark is currently registered if the latter option is chosen.
How long does it take in China to approve a trademark?
How Much Time Does it Take in China to Register a Trademark? An average of 20 to 24 months is the length of the China trademark application process. But organizations like Hongda Business Services can accomplish this in roughly 18 months.
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The Chinese trademark system’s adequacy
Why should your company register its trademark in China?
Who handles China’s trademark law?
Where do you submit registration applications?
Choosing a name in Chinese or a Translation
Documents needed for China trademark registration
How long does it take in China to register a trademark?
What timeline to expect when registering your trademark in China
What are the costs associated with registering a trademark in China?
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