China Trademark Registration
To register a trademark in China, an application must be filed with the China National Intellectual Property Administration (CNIPA). China’s trademark system operates on a first-to-file rule, meaning that the first applicant to file a trademark application for a particular mark is generally granted the rights to that mark. China uses the Nice Classification system for specifications of goods and services, but further divides the classes into many sub-classes. While it is possible to file a multiple-class application, it is generally recommended to file single-class applications for greater ease of processing.
Procedure For China Trademark Registration
Trademark Search
Before applying for a trademark in China, you might want to conduct a search to find out if there are any identical or similar marks on the Trademark Register. However, it is an optional procedure for filing the trademark application.
Time frame: 5 – 7 working days
Trademark Application
After the application is filed, the CNIPA will conduct a formal examination to ensure that it meets the necessary requirements. If the application is accepted, it will undergo a substantive examination to determine whether the trademark is distinctive and does not conflict with prior trademarks or existing well-known marks in China. The examination process typically takes 12-18 months. However, if there is an objection, the applicant must respond to the objection within a stipulated time, or else the application will be deemed abandoned.
If the trademark application is approved, it will be published in the Trademark Gazette for a period of 3 months and any interested parties may oppose the registration of the trademark during this period. If no opposition is filed, or if the opposition is unsuccessful, the trademark registration certificate will be issued.
Time Frame
The processing time from the filing date to the final registration of the trademark may take about 12 – 18 months. However, if there is an objection from the trademark office or opposition from anyone else, it may take longer.
Terms and Renewal
A registered trademark in China is valid for 10 years from the date of its registration, and it must be renewed every 10 years.
Requirements For Trademark Application in China:
- Applicant’s full name, address must be in both English and Chinese;
- Representation of trademark;
- Description of goods or services;
- Classification of goods and services;
- A copy of an executed Power of Attorney without notarization or legalization;
- A certified translation and transliteration if your trademark contains words in language other than the national language or English language;
- If the applicant claims convention priority, an original certified copy of foreign application is required (with English translation).
