CHINA PATENT & TRADEMARK LAW OFFICE
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    • Why do you need to register a trademark in China
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    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
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When a trademark application is filed, the China Trademark Office (CTMO) will review the application. Then an official receipt will be issued (usually takes about 15-30 days for the official receipt to issue). The CTMO will then take a substantial examination which will last about 8 months. If everything goes smoothly, we will receive a preliminary publication notice within 9 months from the application date. After 3 months’ opposition period, the trademark will be approved for registration. The whole process is about 12 months in total.
Procedure and Timelines

Obtaining official receipt: around 15-30 days;
Obtaining the notification of publication: around 9 months;
Obtaining the notification of registration: around 12 months;
Obtaining the hard copy of the registration certificate: around 14 months.
China is a “first-to-file” country, unlike Canada or USA. It means that the first person to file a trademark application will generally have priority over a prior user of the trademark. In China, applications can be filed and registered without evidence of use.
Below is what should be done before filing a trademark in China:
Step 1: Conducting a Trademark Search

The CTMO official website provides a free search service. A more comprehensive search is charged most of the time by a Chinese trademark attorney. Never use any online commercial database to conduct the search. It is not reliable.
Step 2: Confirm How the Trademark will be filed

A word trademark or a logo trademark makes the result quite different. Generally, we always suggest filing the way it is actually used. Or, if budget is not of concern, file two separate trademarks with the two different forms. A word mark guarantees the broadest protection and a combined logo mark shows the genuine use avoid of possible non-use cancellation.
Step 3: Confirm the Goods/Services

China trademark classification system is based on the International NICE classification system but with some changes. China has developed a sub-classification system for each of the 45 classes. The goods/services in each class are divided into several subclasses according to their function and/or raw materials and sales channels while services are divided based on their content and target consumers. Generally, goods falling into the same subclasses are considered similar to each other. Likewise, goods falling in different subclasses are not considered similar.
The sub-classification system not only means that goods/services are further categorized into different sub-classes of the main class heading, but all goods/services applied for having to comply with the goods/services listed in the Chinese Sub-classification Book. If the goods/services applied for are not specifically listed they are likely to be rejected. Unfortunately, unlike many other countries, this often means selecting goods/services that are “closest” to the specific goods of interest – as the list is somewhat limited.
 
This is why we always modify your selected items of goods/services. Actually, you can also stick to the non-standard items if you don’t mind receiving a possible office action. There is still a chance for the non-standard item to be accepted by the examiner. If not, an office action will be issued to modify the specification. It will a) delay the examination period for around two months and b) additional cost may be charged.
 
In addition, as an additional fee will be charged for items in excess of 10, we usually suggest you limit the items to 10 per class.
Step 4: Confirm the name and address of the applicant both in English and Chinese

The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of an individual applicant.
The Chinese translation of the name and address is a compulsory requirement. If you do not have one, ask me and I will help to translate.
Step 5: Prepare the required documents

When all of the above all confirmed, I will send a power of attorney for your sign. Here are all the documents required for the application:
 
Document 1. Application Form (not required by the online application);
Document 2. Scanned copy of the Power of Attorney (POA) signed by the applicant;
Document 3. Scanned copy of the applicant’s certificate of incorporation/certificate of good standing; (passport for individual applicants).
When all the documents are prepared, your trademark is ready to be submitted.
As China is a first-to-file country, a prior application date means a lot for a trademark registration process in China. Your trademark will usually be filed within 2 working days.
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  • Home
  • About
  • IP Services
    • Trademark
    • Patent
    • Utility Model
    • Design
    • Copyright
  • Translation
  • News
    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
    • News
    • News
  • Contact