Are you looking to manufacture your products in China for export? Do you want to sell your products or services in mainland China? Or are you already operating your business in China? If your answer is yes to any of the above, you must register a Chinese trademark to protect your IP.
Though you might already have lots of trademarks outside China, you might not be able to use them in the Chinese market if they’re registered by someone else. Therefore, it’s of significant importance to register a Chinese trademark for businesses operating in the Chinese market.
Table of Contents
Is It Necessary to Register a Chinese Trademark?
If your trademark isn’t registered in China, there’s always a potential risk that you are not entitled to use it. Whether you’re subcontracting a factory for electronics manufacturing in China, or you’re running a WFOE to import products abroad and sell them in China, you can’t ignore the importance of getting your trademark registered in the Chinese market. In the worst case, you might be taken to court by the owner of the trademark for unauthorized use of the trademark.
Here’re some possible consequences if your trademark is registered by others in China:
- You will not be able to use it in China to sell your products or services.
- You might not be able to manufacture your products in China for export. In the worse scenario, the owner of the trademark can have the products impounded in port and confiscated by the authorities for IP rights abuse.
- To use the trademark, you might have to pay the owner whatever he/she agrees to.
- It will take years and lots of money to fight them in court without any guarantee of success.
Chinese Trademark Registration Process
China has undergone lots of improvements in the past decades concerning intellectual property protection. It’s now more accessible and streamlined than ever before to register your Chinse trademark. Here’re a few things you need to know about this process, such as:
- Perform a trademark search to see if the trademark is available
- Confirmation of availability
- Prepare relevant papers and documentation required
- Submission of trademark registration application forms
- Official examination of the register
- Publication in Government Gazette (if the trademark is accepted)
- Issuance of Certification of Registration (if no objections are received)
Conduct a Trademark Search in China
Before filing your trademark, it’s vital to conduct a trademark search to make sure it’s not registered or it’s similar to existing ones as similarity might cause troubles later. If there is no match coming up, then congratulations, you can go ahead and register your own.
Trademarks in China can include any of the following:
- Words
- Designs
- Letters
- Numerals
- 3D Symbol
- Combination of colours
NOTE: Avoid names of cities and Chinese celebrities.
Submit Registration Documents to Trademark Office China
The documents you need to submit are:
- Company incorporation certificate and details
- Paper and digital versions of your trademark to be registered
- Details explaining the trademark and its category
- Completed China trademark registration form
What to Do if Your Trademark is Registered?
If your trademark is registered, here’re a few solutions:
Check When the Trademark is Registered
The SAIC will give preliminary approval and publish the proposed trademark in the China Trademark Gazette after you file your registration. You will have three months from the date of publication to file an appeal.
Appeal the Registered Trademark
If someone tries to register your trademark, you should file an appeal better with the help of a trademark registration agency. It is complicated as there is a lot of paperwork and bureaucracy involved. Both you and the person attempting to register your trademark must demonstrate why you or he/she should be given the rights to it. The SAIC will deliberate before granting or denying the request. There may potentially be two additional appeals, first to the Trademark Review and Adjudication Board (TRAB) and then to the People’s Court. As you can expect, this could be both costly and time-consuming.
Pay a Settlement or Trademark License Fee
If the trademark is already registered by others and it’s already in use, then you can try these two options:
- Pay the settlement for them to sign the rights over to you.
- Pay them a trademark licensing fee to be allowed to use their trademark on your goods and services.
How Long Does It Take to Register a Chinese Trademark?
The entire China trademark process can take quite a long time to complete, with an average of 20-24 months.
Leave a Reply