China accounted for well over 90% of all worldwide trade mark registrations in 2018, coming in with a staggering 7,000,000+ trade mark grants. China follows a strict “first-to-file” jurisdiction when it comes to trade marks. This means that anyone planning on doing business in China should register its trade mark well in advance of commencing business activities. There are also potential complexities involved when registering multi-class trade marks. It is for this and many other reasons that obtaining expert help when registering your trade mark in China is absolutely imperative.
Our trade mark registration package takes care of everything you need to register your trade mark in China, including advice on strategy and classification.
A copyright is a form of protection provided to authors for their original work. This includes creative and intellectual work like:
The owner has exclusive rights to reproduce, distribute or perform the work publicity.
Copyright do not require registration and the owner will have protection in most countries.
A trademark is a sign which distinguishes a company’s product or service from its competitors. A trademark can be a:
The owner has exclusive rights touse the trade mark and legally prevent its unauthorized use.
Trade marks are specific to a country or a union like the EU. Trade marks for 10 years.
A patent is an intellectual property right granted by the government to an inventor for the exclusive exploitation of their invention.
The owner has legal rights to exclude others from making. using or selling the patent.
Patents are specific to a country. A patent normally lasts for 20 years.
A registered design is protection provided to the appearance of a product or part of a product. It defines how a product looks.
The owner has legal protection from others copying the design for their product.
Registered designs are specific to a country. A registered design normally lasts for 25 years.
China had seven times more trade marks granted than the United States in 2018. More trade marks are granted in China than in any other jurisdiction. It is imperative to conduct a trade mark search before filing for a trade mark in China.
Registering a Chinese trade mark requires an overall strategy to ensure the highest possible chances of success. We will assist you with an overall trade mark registration strategy.
There are 45 classes into which a trade mark can fall. Assigning your Chinese trade mark into the correct categories is crucial to avoid deficiencies in filing.
Once we have established a proper strategy and classification for your Chinese trade mark, we will take care of all the complexities involved in filing your Chinese trade mark’s application and keeping tabs on its progress!
If a trade mark is not in Chinese, the mark must be translated. It is highly recommended that you also register a corresponding version of your trade mark in Chinese characters to avoid counterfeits springing up.
It used to be that separate trade marks applications were needed per class. This is no longer the case (since 2014). (See below for more details.)
Ten years. There is a 6-month grace period when renewing the trade mark.
It is utterly crucial to register early in China! Under current Chinese law, you will not be protected if someone else files before you, even if you were manufacturing and selling on Chinese soil before registering. It is the cold, hard truth about IP law in China.
From hoverboards, to fashion designer Minna Parikka’s long legal battle fighting counterfeit shoes, to Australian wines… China is rife with infringement tales.
And, yet, they are not, technically, infringement. It is the law in China, and therefore perfectly legal.
So, if you don’t want to be caught in that trap and lose countless dollars to counterfeits in China, register early and register all variations!
On a high, conceptual level, China’s application procedure is similar to the UK’s — filing followed by corrections to the filing itself if necessary, followed by official objections (notice of refusal), publication, opposition, etc. — but it is the additional bureaucracy regarding classes and the need for local language marks that is partly to blame for making registration a bit of a pain. Registering a trade mark in China is a road you definitely don’t want to be travelling alone.
Trade mark law is extremely complex, and that is especially the case in China. As with all legal matters, there might be some possible grounds for defence — albeit, very slim ones. For example, if your trade mark is a logo, seeking copyright registration might assist in any legal defence if IP theft has occurred.
But this is a matter for lawyers specialised in IP in China. The ideal strategy is to register long before doing business in China. When attempting to enter the Chinese market, a long-term strategy is best.
As of 2014, yes, this is now possible. But it is not recommended as it can add unnecessary delays and the cost might be more when compared to filing separately. This is a matter of filing strategy, and one of the things we work out with you before filing your trade mark.
See our step by step process once you purchase this item.
How it Works
China Trade Mark One-Stop-Shop
We provide everything you need to register and thereby protect your trade mark in China.
On-Time Delivery
We will have your trade mark ready for you in 720 days.
Best Customer Support
Our team of trade mark experts will advise you on anything and everything you need to properly register your trade mark in China.
“There was so much bureaucracy involved in registering my Chinese trade mark that having the Start My Business team to do it for me was invaluable. ”
“There was so much complexity that I eventually gave up and contracted Start My Business to help me. I am so grateful for the help I received! ”
“Start My Business worked out an excellent strategy for me to register my trade mark in China.”
Simply add the product you need to your shopping cart and then check it out to start your Chinese trade mark registration process.
We will send you some simple questions for you to fill in so that we can properly prepare for registering your trade mark. If needed, we’ll get in touch with you directly for more information.
Let us do the work to set up your Chinese trade mark. We’ll get in touch with you any time there is something that needs to be addressed.
You might want to celebrate after the trade mark is approved. It’s a huge achievement. We’ll celebrate right along with you!
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