China

Trademark registration China - China is a member of the Madrid Agreement and the Madrid Protocol. Legal basis is the Trademark Act, in force since August 23rd, 1982, last amended December 1st, 2001. Trademark protection is obtained by registration. However, the existing trademark law protects unregistered trademarks if the mark has been used and enjoys a certain reputation or the mark is recognized as a well-known mark in China. China follows the first-to-file system.

Requirements

A trademark application has to be filed before the Trademark Office by a local agent. A signed power of attorney is necessary. Foreign applicants do not need a domestic company registration. Foreign applicants can only file through an officially recognized agent. A copy of the business certificate (if the applicant is a company) or a copy of the applicant’s ID card or passport (if the applicant is an individual) is required. NOTE: 1 class covers 10 class items. For each additional class item beyond the 10th item for each class there is an extra fee. Based on the exact amount of class items, we will confirm the cost.

Procedure

The application process includes a formal examination and an examination of distinctiveness and also search for prior trade mark applications and registrations. It takes approximately 18 months before an office action is issued by the trademark authority or registration. After the examination process, the trademark is published in the Trademark Gazette. The opposition period is 3 months from publication of the trademark application. Then the trade mark is accepted for registration.

Duration

A trademark registration in China is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 3 years from registration or has not been used later for 3 consecutive years, it may be subject to cancellation.