English
Yes, for a broader and stronger protection in China, we recommend registering your trademark in local characters.
If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.
In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in China will recognize your brand more easily if they are able to read and correctly pronounce the mark.
Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.
The average time frame for the registration approval is 15 months, if no objections or oppositions arise.
No. A registered mark is protected only in Mainland China.
Yes. A signed power of attorney is necessary.
The benefits from a pre-filing use are minimal since rights are obtained via registration. However, the applicant can use this to demonstrate the mark’s distinctiveness and overcome oppositions on the ground of non-distinctiveness.
Yes. A registered mark can be attacked on the ground of non-use.
The following marks or signs are accepted for registration:
- Words
- Names
- Devices
- Certain 3-dimensional shapes
- Slogans
- Colours
- Sounds
- Get-up or trade dress
- Combination of all of the above elements
- Collective marks
- Service marks
- Certification marks
- Well-known marks
A trademark application in China has 3 phases:
- Examination
- Publication
- Registration
The following marks are prohibited from registration:
- Marks that are against the moral standards or public order of China
- Generic words or terms
- Symbol, flag, or name of a state, nation, region, or an international organization
- Marks that lack distinctive qualities
- Marks that are used primarily to indicate a geographical location name
- Marks that may mislead consumers
Yes. China uses the system of Nice Classification.
No. Community Trademark does not apply for China.
Yes. Applicants may claim priority application if the following conditions are met:
- If the applicant’s home country is a member of the Paris Convention
- If the date of the home application is within 6 months prior to the filing of an application in China.
- If the applicant’s home country is a member of the World Trade Organization
- If an international registration can be based on this registration
The registered mark must be used within 3 consecutive years after registration. The use requirement is minimal and must occur in China.
The registered mark is valid for 10 years.
The first renewal of the trademark will take place 10 years after the date of registration grant.
Using an unregistered mark for tobacco products is illegal.
The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in China.
If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).
In this case, proceeding with two trademark applications has the following advantages:
- Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
- You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
- Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.
If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.
Registration is required in order to obtain trademark rights. The “first to file” rule is applicable in China.
The national trademark office of China is available at http://sbj.saic.gov.cn/
No. Actual use or intent to use is not required.
Yes. A trademark application can be opposed on the following grounds:
- Proprietary rights
- Absolute grounds (ex. descriptiveness)
- Bad faith
- Breach of copyright
- Rights of notorious marks
- Registration in the name of an agent or a representative
- Rights in a company name
- Rights in a personal name
- Rights in a registered design
- Unauthorized use of protected of insignia or emblems
- Any reasonable grounds
Any interested parties may oppose a trademark application. This includes the owner of an earlier right, a licensee, or anyone.
Yes. The following are grounds for cancellation:
- Descriptive mark
- Misleading and/or deceptive mark
- Lack of distinctiveness
- Generic mark
- Mark is a geographical indication
- Functional mark
- Violation of public policy or principles of morality
- Unauthorized marks by competent authorities pursuant to Article 6ter of the Paris Convention
- Inclusion of a badge or emblem of particular public interest
- Using of the mark in a misleading manner
- Prohibited marks in this jurisdiction
- Application was made in bad faith
- Registrant’s breach of a technical provision of the law
- Fraudulent registration
- Use Requirements under Section V.G. are not met
The following rights are established by having a registered trademark:
- Exclusive right to use the registered mark
- Right to oppose subsequent conflicting applications
- Right to bring a cancellation action against subsequent conflicting registrations
- Right to file an infringement case against third parties for using a confusingly similar mark
- Right to license third parties to use the registered mark
- Right to apply for seizure of counterfeit goods bearing the registered mark (these are seized by the customs authorities)
- Right to receive damages from third parties for infringing the registered mark
The opposition period will start on the publication date.
The opposition period will end three months after the publication date.
China is a member of the Madrid Protocol and the Madrid Agreement.
Periodic statement of use is not required.
Trademark renewals are made every 10 years.
The first renewal of the trademark will take place 10 years after the date of registration grant.
The following documents are necessary for a trademark renewal:
- A copy of the registration certification
- Power of attorney
- Incorporation certificate of the registrant
Yes. A 6-month grace period is given.