Trademark Registration IN CHina
If you want to register a Trademark in China, firstly, our Trademark Registration Attorney will check the availability of the name or logo or design and provide you with a professional suggestion. Secondly, we will send you an authorization of the Trademark Application letter which must be duly signed by you and return to us. Then, we’ll open up The TM registration. Once the Trademark gets registered, you can start using the ‘R’ symbol in China.
In China, the Trademark is designated by the two symbols, ‘R’ and ‘TM’. The Trademark symbol ‘TM’ is a temporary symbol, used for applied but undetermined Trademark, and the symbol ‘R’ signifies the Registered Trademark which can be used by the proprietor for 10 years. Overall, China has adopted the priority-of-registration principle for Trademark rights. That means that the person who files their Trademark application first can register the Trademark.
Trust us, we provide the Omni-directional service to our clients, including Trademark Application, Trademark Refusal & Analysis, Trademark Monitoring, Renewal, Cancellation, Assignment or Transfer, etc.
TradeMark Registration Procedure
Free Trademark Search2 Hour
Firstly, you can use the Trademark free search engine to check the Trademark database in China. Secondly, if you decide to register the Trademark, you can contact us. Then Our Trademark Attorney will perform a check the availability of the desired name or logo or design and provide you with a Search Report.
TM-1 Application Filing1-3 Working Days
When we ensure that the mark can be used in China, we will send you an authorization letter which must be duly signed by you and return to us. After that, the TM attorney will file a Trademark application to the Trademark Office on behalf of our customers. Meanwhile, we will provide you a receipt and TM application number.
Form Examination15 Working Days
The application date of trademark registration shall be subject to the date when the Trademark Office receives the application, and the China Trademark Office (Govt) shall issue a Notice of acceptance for the application meeting the formal requirements upon receipt of the trademark application. Once the trademark gets registered, you can start using the 'TM' symbol with the brand name.
Substantive Examination6 Months
The China Trademark Office examiner(Govt) verifies the TM application and they will give preliminary examination and approval or reject the application.
In case of no objection, the China Trademark Office examiner(Govt) will publish a Notice. If there is no opposition, the government approved the Trademark and registered the Trademark Certificate.
Govt Approal1 Month
Once the trademark gets registered and you receive the Trademark Certificate, you can start using the 'R' symbol with the brand name.
Basic Documents Required
What do you receive
Frequently Asked Questions about Trademark Registration
Can I register a Trademark by myself in China?
According to the CHINA TRADEMARK LAW (Article 18), any foreign person or foreign enterprise intending to apply for the registration of a trademark or any other matters concerning a trademark in China shall appoint any trademark agencies which are established legally. The trademark agencies will submit the filing paper for you online (for company applicant) or by mail (for the individual applicant). You can choose us as your appointed agency in China for your trademark registration.
What is a famous trademark application?
Firstly, a famous trademark refers to a registered trademark that has a high reputation and commercial value, is well known to the public, and is recognized according to the law.
Secondly, the quality, environment, and safety management of the company should meet the international standard and be recognized by the national authority.
What are the requirements for a famous trademark application in China?
- The trademark has been registered for three years and has been used for three consecutive years legitimately (the trademark of high technology commodities and the use of the trademark of private enterprises for one year). The trademark right book has no objection.
- The trademark is well known by the public in the province and with a high reputation. The advertising propaganda is a certain continuity and in a broader region for the recent three years, and has certain advertising spending in the major media in the province.
- The goods or services economic index referring to the trademark, including sales, operating income, net profit, revenue, and market share, is in the leading position in the same or similar goods or services in the province.
- The sales territory of the commodity mentioned in the trademark, within the province, and it should cover at least nine cities and above. Outside the province, it should cover at least five provinces or municipalities and above. If the commodity is for exports, the annual export amount should be at least $3 million, and the trademark is registered in more than 2 countries or regions.
The declaration material is not complete, the Trademark Office asks for correction, what should I do?
On the back of the correction notice, there is a detailed description of the supplement to the products/services. The applicant should fill in the instructions according to the requirements and send it back to the China Trademark Office.
What is a Trademark Classes in China?
China follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; 01-34 includes goods and 35-45 includes services. In other words, you have to register the Trademark only under the 45 classes in China.
What about the same or similar trademarks applied on the same day?
- Apply to the priority of use principle, according to the notice of the China Trademark Office, applicants should hand in evidence of the date when they first used this trademark in 30 days.
- If the applicants first used the trademark on the same day or they did not use it at all, they need to negotiate and come to a conclusion of whom the trademark belongs to. Certainly, you could negotiate with the other applicant. That means, if there’s a conclusion, the agreement should be sent to the China Trademark Office in 30 days. Similarly, if there’s no outcome of the negotiation, either with the supervision of the Trademark Office, the applicants draw lots, or the Trademark Office brings in a verdict.
Some small items didn’t meet the standard, the trademark office asks me to rectify, what should I do?
Commodity names should be specific, accurate, standard, in accordance with the classification principle. Applicants should fill out the category, product/service name, and put the order number according to similar products and service distinction table.
What if the applicant asks for the change of address or company name?
The applicant may change the name, address, and proxy in the China Trademark Office.
The graphic is not clear, the trademark office asks for correction, what should I do?
According to the requirements of the supplement notice, you should print or paste a copy of the trademark logo on the back of the notice.
What if the applicant changes the trademark name or graphics, or the minor item?
Normally, it should be refiled as a new trademark and the applicant should apply again.