Things you need to be aware of when registering a trade mark in China
There are two stages which you should consider when looking to register a trade mark in China the first stage conducting a search and then the second stage filing the application.
Conducting a search report
Although conducting a trade mark search is not compulsory, it is advisable to do so. A search will help to identify whether the trade marks you are looking to register is available thereby helping you to avoid wasted time and costs.
Making an application in China
In China it is compulsory to file one application per class of goods or services, and you have to submit a precise list of the goods or services for which you require protection for.
Steps to follow when registering a trade mark in China
There are three stage processes which an applicant needs to go through as set out below:
Formal examination
The first step would be were the Chinese Trade Mark Office (CTM) carries out a formal examination and verifies that the trade mark file is complete and the correct fees have been paid.
Substantial examination
This is a more in depth examination of the mark, this is where the examiner verifies that all the other requirements, including absolute grounds and the relative grounds are met. If the trade mark passes this examination stage, then the trade mark is preliminarily approved for registration.
Publication
The final stage is the publication stage. The trade mark is published in the official trade mark gazette. The trade mark is published for three month period during which third parties may file an opposition with the CTMO.
What you need when filing your mark.
You will need to have the following documents when making the application:
- Five copies of the trade mark, printed on smooth and clear paper, or replaced by photographs not larger than 10x5 cm; If colour is claimed, five copies in colour and one copy of the black and white design (word or logo).
- If your trade mark is in English or any other foreign language, or it contains foreign language, a translation must be provided in Chinese.
- You can back date your application if you provide evidence of its registration in another country and you have used in the mark in China.
How long does the process take?
It can take up to 3 years for mark to be registered in China. Although most are processed within 18 months of being filed.
If you have any more questions about trademark registration please see our FAQs or call us free on 0800 862 0370
Privacy Policy
