CHINA PATENT & TRADEMARK LAW OFFICE
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    • 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
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Before filing one, do know that China’s trademark laws are different from those in India, so it’s important to read everything before registering a trademark in China

​As India spreads its wings in the global world, businesses also get an opportunity to enter new markets. As one of the world’s largest exporters and consuming markets, China remains the top business spot. In this post, we discuss how to file a trademark in China.
What Is the Trademark Law in China?

*China only acknowledges trademarks registered within its jurisdiction, this is a key legal step for Indian companies looking to engage with the Chinese market. 
*China gives priority protection to applicants who have filed their trademark first. Thus, to ease your business entry to China, filing the trademark application at the earliest, even before you enter the Chinese market is advisable. 
*China also allows for three-dimensional trademarks and colours to get registration as trademarks. 
*Collective and certification trademarks can also have registration in China and can also now be recognised under Chinese law.
The Validity of Trademarks in China
The general validity for trademarks issued is for ten years, with a clause of subsequent renewals for another period of ten years (indefinitely).
Why should you register your business trademark in China?
The primary reason for applying for trademark registration in China is to protect your business brand, reputation, and image abroad. For established brands, the threat of someone else registering the trademark and preventing access from entering the Chinese market is a significant risk. 
Who Administers Trademark Law in China?
The system of trademark law in the mainland Chinese territory that admitted by the China National Intellectual Property Administration. It also has a provision for appeal, administered by Trademark Review and Adjudication Board and the courts). 
Where Should You Apply for Registration?
​

*Trademarks in China are registered via the Trademark Office, China National Intellectual Property Administration (CTMO).
*Any company applying for a trademark may apply directly to the CTMO or apply through WIPO ( World Intellectual Property Organization). 
*In case you do not have a residency or place of business in China, It is advisable to apply to the CTMO through a registered agent. 
*The company has to file one application per class of goods or services and submit a precise list of the goods or services for which the protection needs.
Choosing a Chinese name or a Translation
There are some specific strategies that most companies use while filing a trademark name for their business in China. Foreign applicants must be careful to give a Chinese version or a direct translation, to avoid any miscommunication. This also helps applicants in protecting their business from accidental infringement.

  1. a) Literal translation: Eg Apple Computers registration with the name “PING GUO” which is Chinese for an apple.
  2. b) Phonetic translation: Audi registered a similar sounding name “AO DI”.
  3. c) Combination of literal and phonetic Translation: Coca Cola goes by the name “ke kou ke le” which sounds like the actual brand name but means ‘taste and be happy.
Documents Required for Trademark Registration in China
The following documents need to be produced:
  • Five copies, printed on smooth and clear paper, or replaced by photographs not larger than 10×5 cm;
  • If the colour that claims, five copies in colour and one copy of the black and white design;
  • For a three-dimensional or a colour-combination trademark, a specific statement indicating that the shape or the colour combination that claims as a trademark, together with a literal description;
  • If the trademark is in a foreign language or contains a foreign language, a translation must be provided.
  • If the trademark recently registered in another country (less than 6 months) or that displays in an exhibition in China during the past 6 months, it is possible to date back the application to the time of the prior registration or exhibition, by providing the corresponding evidence.
What Is the Time Taken to Register a Trademark in China?
According to a new policy, in 2019, the time taken for registration in China is cut short to an average of 15 months to a year and a half. However, this does not include the time an applicant takes to gather preliminary information. And, the collection and preparation of required filing documents. Additional delays should always factor in the calculation of the time.
Timelines You Can Expect for Your Trademark Registration in China
Formal Examination:
The new policy envisages a reduction in time and now needs only 30 days, which earlier was about two months. 

Substantive examination – This process of examination is likely to take six months. Here the registration process either gets to the next stage or the authority sends a notice of rejection.

Trademark assignment examination: The time taken here is to assign fresh trademarks for businesses to operate in China. The assignment examination time has a reduction to two months from four.
​
Trademark announcement: Publication in the official trademark gazette. The publication date marks the start of a three month period during which third parties may file an opposition with the CTMO. If no opposition is filed (or if an opposition is filed but fails), the trademark is registered and the period of validity of the trademark (10 years) starts at the end of the 3 months opposition period.

Trademark amendment and renewal: Much like Indian laws, the Chinese law also provides for amending the trademark. This process usually takes about two months. 
What Are the Fees Charged for Trademark Registration in China?
The CTMO charges an official fee of RMB 800 (Chinese Yuan) per application covering 10 goods/services. If the number of goods/services exceeds 10 in one application, an additional fee of RMB 100 will be charged for each of them.
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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