Trademark registration in China
Many companies lose legal rights to their trademark in China. Avoid this kind of problem. Register your logo in the People’s Republic of China before someone else precedes you.
We offer a complete registration service for a trademark and a name.
The service includes:
- Registration of a word and figurative trademark (logotype and name)
- Submitting an application for registration of a trademark on behalf of a company or an individual
- Completing all of the procedures and formalities in China on your behalf
- Registration of a trademark throughout China (not separate provinces)
- Registration for 10 years
- Registration in a product class according to the Nice classification
- Advice on selection of the product class
- Coverage of all the office costs in China
- Costs related to translating documents into Chinese
- On-site registration monitoring
- Sending a legal confirmation (a certificate) that you are a legal owner of the trademark when issued by the office
Why us?
- Many years of experience in trademark registration in China
- We have an office in China
- We register trademarks in national procedure directly in China
- No hidden costs
- Complex and professional service (preparing and submitting an application, contact with the office in China, translation of documents, registration monitoring)
- Phone and e-mail consultation
- Counseling concerning choosing and verification of product classes
- No hourly charges for further registration or contact with the trademark office
- Counseling and translating the company’s name into Chinese
- Counseling in case of rejection of a registration or opposition from another company
- We also register trademarks in the European Union, Turkey, other Chinese regions (Hong Kong, Taiwan), and countries of South-Eastern Asia: Malaysia, Singapore, Vietnam, Cambodia, Indonesia, Thailand, India, Bangladesh, Pakistan
Free verification of trademarks
We will check if your logo is available for registration in the Chinese office for free!
We will advise you on how to best protect your brand in China.
Who should register the trademark in China?
- Anyone who wants to have the exclusive right to use a trademark on China territory
- Exporters – when planning to exhibit at the trade fair in China
- Exporters – when selling or planning to sell goods in China
- Importers – when manufacturing goods in China and placing trademark on them (or on the packaging)
Consequences of not registering a trademark in China
IMPORTING FROM CHINA
- Stopping the shipment by the customs office
- Stopping the production in a factory
- Seizure of goods
EXPORTING TO CHINA
- No chance of placing the goods on the market
- Stopping sales to China
- Seizure of goods during customs clearance or quarantine
- No chance of attending trade fairs in China
- No chance of sales on e-commerce platforms
Why do you need to register your trademark in China?
Trademark registration in China applies both to exporters and importers!
Based on the registration:
- You are the trademark owner in China
- Only you have the right to use the name or logo on the territory of China
- You have the right to manufacture in China
- You can sell your product in China
- You can put your trademark on a product, packaging, printed materials
- No one else can manufacture in China products under your brand
If you do business with China, you need to be aware that a brand registered in the United States or European Union territory is not protected in China. Chinese trademark law regulations clearly state who is protected on the grounds of trademark registration. Chinese trademark law differs from Europe or the United States. In China, trademark registration is based on the „first to file” principle. It means that the first person to apply for the logo registration is the one that gets the right to use it. It doesn’t matter who was the first to use a trademark. Until you register a name or logo in China, you have no rights to them, even if you use them.
In China, more and more often, there are situations in which third parties register trademarks of European and American companies. Then, they try to sell it back to the owners for a large sum of money. According to the law, this procedure (so-called trademark squatting) is entirely legal in China. It resulted in situations where the biggest international brands had to buy their trademark back to operate in China legally. Even such a giant as Apple was affected because the company hadn’t registered the „iPad” trademark.
If someone else has legal rights to the trademark placed for example on your product packaging, the Chinese customs office can take over your goods. The confiscation and non-delivery of manufactured and fully paid products result in huge losses!
Remember! It’s so much easier to prevent trademark problems than to solve them!
Registration procedure
- Based on the “first to file” principle, trademark protection is active from the moment when the Chinese office accepts the application.
- The whole procedure lasts from 8 to 12 months.
- Registration is valid throughout China.
Waiting time:
- Confirmation of submitting an application (assigning the application number) – around 2-3 weeks.
- Confirmation of accepting the application by the office – 1-4 months (after receiving the confirmation, you are initially protected).
- Grant of protection right (the final document) – 8-12 months.