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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As the second largest economic entity in the world, China has a broad market, and the Chinese market is becoming an important role player/catalyst in the global trade. Does the question arise whether companies need to register their trademarks in China? And if they do, why?

The following introduction to the current situation of trademark filing in China may help you decide on Chinese trademarks.
1.First-to-File system

China adopts First-to-File system. It means that the company/individual who files the application first, gets the registration. To get a registration the use of the trademark is not necessary. Thus, filing a trademark application in China as soon as possible is highly recommended.
2. Money spent BEFORE saves money AFTER

As the Chinese market remains growing, especially with the fast development of e-commerce, Chinese consumers have more chances and various ways to know foreign brands and buy foreign products.

Some opportunists take this chance to apply for trademark applications of foreign brands in a rush. There is a specific word describing this, it’s called “trademark squatting”. Trademark squatters register international brands in China anticipating their entry into China. Once they really enter China, the squatters try to sell the trademarks back to the brand owner to earn profits. Some trademark squatters even use the reputation of the international brand to establish their own companies and make a profit on the original brand’s value.

If you lose the advantage of prior filing, there will be not only the risk of trademark infringement but also a lengthy battle against the squatting, which may last for years. Below is the estimated time for the procedures against the squatting:

12~18 months for opposition

9~12 months for cancellation based on non-use for consecutive three years

9~12 months for review of cancellation based on non-use for consecutive three years

12~18 months for invalidation

The battle against the squatting is not only time consuming, but also costly, and the result is not always satisfying. In the end, you need to pay a high cost to buy your trademark back. While an early application may help you avoid all the above consequences.
3. The earlier the application is filed, the higher the chance of it getting registered

In recent years, with the development of the market, the number of trademark applications in China increased rapidly. In 2017, there were over 5.74 million trademark applications filed in China. In the first nine months of this year, the amount of trademark applications is 5.5 million. By the end of September of 2018, the total amount of trademark applications in China is 17,181,000. China has consistently ranked first in the world in the volume of trademark applications for many years.

Such a large number of prior existing trademarks makes the later application difficult to be exempt from similarity conflict. Thus, if you file your trademark application earlier, you will have a higher chance to get the registration.

Don’t forget that if you rely on your domestic trademark, you can claim priority from your first filed application – it means that your Chinese application will backdate to the date your first trademark application was filed. But remember you have to file within 6 months of the original date of filing in your native country.
4. Easy application and low price

China government pays a lot of attention to the Intellectual Property (IP) field and releases many policies and measures to encourage market entities to file IP applications.

To apply for trademark application in China, there is no need to provide evidence of use. You just need to submit the application form and business license or passport to show the existence status. It is very easy and not many formalities exist.

The cost of a trademark application in China is also low. You only need to pay CNY 300 (appr. USD 48) of official fee and certain attorney fees.

Don’t delay filing your trademark in China. Contact Hermax Intellectual Property if you have any questions!
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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