China Trademark Registration
With an enormous consumers’ market and as a production base, China attracts many investors coming from abroad to expand their businesses there. However, this severely competitive market brings both opportunities and challenges to the investors. By virtue of trademark application, enterprises may enjoy legal protection on their products and services in China with a trademark application, allowing their brands to secure sustainable footholds in China market.
The Right of Priority on China Trademark Registration
- An applicant may enjoy the right of priority when applying for registration in China, in accordance with any agreement entered into between China and another country or an international treaty under which both of them are parties, for a period of 6 months immediately from the date on which the initial trademark application was made.
- The owner of a trademark may enjoy the right of priority for a period of 6 months from the first day on which the merchandises on which the trademark is first put are exhibited at any international exhibition recognized by the Chinese Government.
Required Information and Documents
Preliminary Trademark Search
The Preliminary trademark search, while optional, is to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.
Trademark Registration Flow
Duration of Application
The registration is valid for 10 years.
Renewal application for 10 years may be submitted 6 months before the expiry.
Customs Protection on Intellectual Property Rights
China prohibits the import or export of any goods which infringes the intellectual property rights. A trademark owner is entitled to file a record with the General Administration of Customs of China in accordance with applicable provisions under Customs Law of People Republic of China. If the owner or the General Administration of Customs of China notices any alleged trademark infringement, the General Administration of Customs of China will detain the suspected infringing goods immediately and check against them with the owner for further legal protection.