China Trademark Search & Registration

Trademark Search in China

Search your trademark within Chinese Trademark Office. Search by Trademark Name, Number or Applicant

Trademark Class Search
Frequently Asked Questions
Does having a registered trademark in China give me any right?

Registration is required in order to obtain trademark rights. The “first to file” rule is applicable in China.

What is the web address of the trademark national office?

The national trademark office of China is available at http://sbj.saic.gov.cn/

Is there any need to use my trademark before I apply for registration?

No. Actual use or intent to use is not required.

What are the grounds for a Trademark Application to be opposed?

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
Who can contest my trademark application?

Any interested parties may oppose a trademark application. This includes the owner of an earlier right, a licensee, or anyone.

Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period will start on the publication date.

 

The opposition period will end three months after the publication date.

Is China a member of the Madrid System?

China is a member of the Madrid Protocol and the Madrid Agreement.

Do I need to present periodic statement of use?

Periodic statement of use is not required.

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