6 EASY Steps to Register Your Trademark in China
A trademark is how your brand is recognized in China, and a key asset of your business in the Chinese market — even before the official market entry. This blog will walk you through 6 simple but crucial steps on how a foreign company can register its trademark in China.
1. Conduct a comprehensive search
An experienced IP agency can be of great assistance here. However, if you prefer to “DIY” your search, you can take a look at the sources below:
● Identical or similar trademark from here.
● Others who may have already registered a similar mark and assessing whether your mark meets the requirements for registration from here.
2. Prepare the application documents
As a business registered outside China, you shall appoint a certified trademark agency to help with filling out the trademark registration form in Chinese and collecting all supporting documentation. An application can be filed either online or on-site. Below are the materials you shall have ready in advance:
● Your personal and company information
● Proposed trademark information
● The range of goods or services to declare
● Power of Attorney
3. File the proposed trademark application
The application can be submitted directly at the trademark office, by post/courier service, or through an online application system. You could check the trademark application status using the registration number or based on the applicant’s name, declared class and registration number here.
4. Wait for a thoroughgoing examination process
After receiving all application documents, the Trademark Office will first initiate the so-called “formality examination process” which normally lasts around 3 months.
In the next phase, the Trademark Office will start the “substantial examination process” lasting approximately 9 months.
5. Anticipate potential oppositions during publication period
If your application has successfully passed the examination phase, the Trademark Office will publish your trademark in the Chinese Trademark Gazette for a 3-month opposition, during which any third parties can oppose it.
6. Receive the approval and the certificate of registration
If no opposition is filed or the opposition has been denied, we want to congratulate you! Your proposed trademark will be approved of registration and the certificate of registration will be issued and delivered to your appointed agency, who will inform you about the great news.
If a rejection notice is issued during the examination process, you can contact your certified trademark agency to request a review from the Trademark Review and Adjudication Board of National Intellectual Property Administration within 15 days from the date of receiving the rejection notice. With solid evidence, it’s possible to still receive an approval afterward.
We hope you can find some useful information from this blog. There are a lot more detailed explanation on each of the steps from our blog: www.hohot.fi/post/6-easy-steps-to-register-your-trademark-in-china
Disclaimer: Hohot Consulting provides specialized legal consultation in terms of entering the Chinese market. However, this article doesn’t create an attorney-client relationship. Whilst we endeavor to keep the information up to date and correct, Hohot Consulting makes no representations or warranties about the completeness, accuracy, reliability or availability with respect to the information. This article only provides legal information and should not be treated as legal advice. You should consult an attorney before you act on this information.
