China Trademark Office
- Name of Office: China Patent & Trademark Office
- Address: Zhuoyue Square, Lane 20 Hulan West Road, Shanghai, China
- Phone number: 0086-21-65530729
- Classification: Nice Classification. Special Chinese goods and services are included. China uses a list of pre-approved items and if a description of goods or services does not correspond to the list, the Trademark Office of China objects such trademarks.
Our experienced local Chinese Attorney from a leading IP law firm will prepare and file your trademark for registration in the country. Trademarks are filed at the China Patent & Trademark Office, China uses the "first-to-file" policy. No evidence of use is required upon filing of a trademark application. However, the Chinese trademark law protects unregistered trademarks if the mark is recognised as a well-known mark in China.
There is a separate trademark law in Hong Kong. IP rights registered in China will not be automatically protected in Hong Kong and vice versa.
China is a member of WIPO since 1980. Also, China is a member of the Madrid Agreement since October 4, 1989 and the Madrid Protocol since December 1, 1995.
With 1.997.000 trademark applications filed each year, only 107.000 are filed by foreign applicants, which demonstrates the understanding of how important the trademarks are for local businesses. You can access additional information regarding IP statistics in China here.
Registering the brand in Chinese is highly advisable if you plan to sell in this market within the next 3-5 years.
Chinese Trademark registration: Requirements
Fill out our simple online form in just 5 minutes and a Trademark Specialist will contact you within 24 hours in order to guide you through the process. Multiple-class applications are possible but single-class applications are recommended as filing a multi-class application is not more cost-effective compared to single-class applications. An objection against a multi-class application will stop the process in all the classes.
- A Chinese application may claim the priority of a prior foreign trademark application within 6 months from the filing date of the prior foreign application.
- Requirements: a certified copy of the prior trademark application documents with a certified translation into English.
What is registrable as a trademark in China?
All distinctive and graphically representable signs: words three-dimensional forms sounds and any combination of the mentioned:
- combinations of colours
Retail and wholesale services, except those for pharmaceutical, veterinary and sanitary preparations and medical supplies. Therefore, international trademarks for such services will be rejected by the Trademark Office of China.
What will be required to file your brand in China?
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
- Copy of Certificate of Incorporation for companies or a copy of Identity Card or passport for individuals.
- Power of Attorney (simply signed or stamped).
Chinese Trademark registration: Procedure
A straightforward trademark registration process takes 12-15 months. Our attorney will file your trademark within 5 business days, after receiving the required documents and details.
- a formality check;
- issuing filing receipt;
- substantive examination on absolute grounds and relative grounds;
- publication for opposition;
- approval for registration.
The time frame to register a trademark in China in case of a straightforward process is:
- Filing - 5 days
- Formal examination - 4 months
- Substantive examination - 9 months
- Publication in the Trademark Gazette for the needs of opposition - 3 months
- Registration - 2 months
Opposition period in China
Before registration, the trademark application is published in the weekly “Official Gazette” for the purposes of opposition for 90 days. If no opposition is filed against the trademark during the publication period the Trademark Office will issue the registration certificate within 2 months and will publish the mark in the Official Gazette, informing that the mark is registered.
A trademark registration is valid for 10 years from the date of registration. If a mark is not used for 3 years continuously, it may be cancelled. The trademark owner must use the trademark in the same form as that in its certificate.
China Trademark Registration Cost
The official fee for filing a trademark application is now RMB 300 for up to 10 goods/services in one class, and RMB 30 for each additional item. There is no official fee for either publication or registration.
Use of ® and TM, SM
If registered, use the ® symbol after your Chinese trademark. If not yet registered, you may use TM for goods or SM for services, however, since China is not a "first to use" country, it will not grant you any common law rights.
File your trademark in China. Even if you do not plan yet to extend your business to the country. It is especially important to file your trademark in China if you plan to place an order to some manufacturer. Trademark squatting is very common in China, therefore, the country must be on your list of the most important countries. After registration, it is vital to use your trademark in China within 3 years from the registration date. If you do not use your trademark for 3 years, it might be cancelled.
If an objection is raised against your application, we will have only 30 days to respond to the objection, no extensions available. Our attorney will require at least 10 days to prepare his response, therefore, be sure that you receive our notifications.
Our prices include everything for a straightforward process of registration. The prices do not include any legal defenses in case of oppositions or objections.
Trademark Application Cost
The official fee for filing a trademark application in China is now RMB 300 for up to 10 goods/services in one class, and RMB 30 for each additional class. There is no official fee for either publication or registration.
Our Trademark Services in China
We offer the following services in China:
- Trademark Search
- Trademark Registration
- Trademark renewal
- Trademark opposition
- Defenses in case of oppositions or objections/office actions in China
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please do not hesitate to contact us.