China Trademark Registration
To register a trademark in China, an application must be filed with the China National Intellectual Property Administration (CNIPA). China follows a first-to-file system, meaning the applicant who files first generally obtains the exclusive rights to the trademark. China uses the Nice Classification system for goods and services but further divides each class into numerous sub-classes. While multiple-class applications are allowed, it is generally recommended to file single-class applications for easier processing.
Procedure For China Trademark Registration
Trademark Search
Before applying for a trademark in China, you may conduct a search to check whether there are any identical or similar marks already registered or pending. Although optional, it is highly recommended before filing the application.
Time frame: 5 – 7 working days
Trademark Application
After the application is filed, the CNIPA will conduct a formality examination to ensure all required documents and information are complete. If the application meets the formal requirements, it will proceed to a substantive examination to determine whether the trademark is distinctive and does not conflict with any earlier registered or well-known marks in China.
The examination process typically takes 9 – 12 months. If an objection is issued, the applicant must respond within the stipulated time; otherwise, the application will be considered abandoned.
If the application is approved, it will be published in the Trademark Gazette for a three month opposition period. During this time, any interested party may file an opposition. If no opposition is filed, or if the opposition is unsuccessful, an electronic trademark registration certificate will be issued.
Time Frame
The estimated time from filing to registration is approximately 9 – 12 months. However, the process may take longer if objections or oppositions occur.
Terms and Renewal
A registered trademark in China is valid for 10 years from the date of registration and may be renewed every 10 years.
Requirements For Trademark Application in China:
- Applicant’s full name and address (in both English and Chinese).
- Representation of the trademark.
- Description of goods or services.
- Classification of goods and services;
- A Power of Attorney, simply signed by the applicant (no notarization or legalization required).
- Certified translation and transliteration if the trademark contains words in a language other than Chinese.
- If claiming convention priority, a certified copy of the earlier foreign application, along with a Chinese translation, is required.
