With an enormous consumersí» 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 registration of the trademark in China, enterprises may enjoy legal protection on their products and services in China, 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 in accordance with any agreement entered into between the country in which he/she first files an application for trademark registration and China or any international protocol to which both countries are parties if he /she files another application for trademark registration in China within six months from the day on which he/she files the initial application for trademark registration in such country.
- 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.
- A copy of current Business Registration Certificate of the applicant, if the applicant is a corporation
- A copy of Identification documents of the applicant, if the applicant is an individual person
- Clear image of the trademark
- List of goods or services
Trademark Registration Flow
- Trademark Search
- Initial Application
- Substantive Examination
- Issuance of Certificate
Preliminary Trademark Search
The Preliminary trademark search, while optional, 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.
About 15-18 months
Period of Validity
Renewal upon Expiration
Six months before the expiration of an application for renewal, renewal is valid for 10 years.
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.