How To Register A Trademark In China?

If you are doing business in China or planning to expand your business into the Chinese market, it is important to protect your brand and intellectual property by registering your trademark in China. Registering your trademark in China will give you exclusive rights to use your trademark in China and prevent others from using or copying it without your permission.

The first step in registering a trademark in China is to conduct a trademark search to ensure that your trademark is available and does not infringe on the rights of any existing trademarks. You can conduct a trademark search on the website of the China National Intellectual Property Administration, CNIPA in short. Conducting a trademark search will help you avoid any potential legal disputes and save you time and money on trademark registration.

Once you have determined that your trademark is available, you can file a trademark application with the CNIPA. The application can be filed online or in person through a law firm. The application should include the trademark image or wording, the name and address of the trademark owner, the class of goods or services for which the trademark will be used, and the date of first use of the trademark in China.

After the application is filed, the CNIPA will examine the application to ensure that it meets the legal requirements. The examination process may take several months, and the CNIPA may issue an office action if there are any issues with the application. The office action specifies the reasons for the rejection or requests for additional information.

If the trademark application is approved by the CNIPA, it will be published in the Trademark Gazette. There is a three-month opposition period during which anyone can file an opposition to the trademark. If there is no opposition, the trademark will be registered or the opposition is unsuccessful, the CNIPA will register the trademark and issue a certificate of registration. The certificate of registration is valid for 10 years and can be renewed indefinitely.

To ensure maximum protection, it is recommended to register your trademark in both Chinese characters and in English. It is also important to register your trademark in all relevant classes to prevent others from using or registering similar trademarks for similar goods or services.

It’s worth noting that registering a trademark in China can be a complex and time-consuming process. Therefore, it is recommended to work with a law firm to ensure that the application is filed properly and to handle any issues that may arise during the registration process.