Everything You Must Know About China Brand Registration: Know The Cost, Time And Process

By Author: Callme Drake
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China stands as one of the world's top economies. It continues to provide enormous market development opportunities for international enterprises. Thanks to its massive trained labor pool, outstanding infrastructure, and continuing investments in an innovative technology landscape. Now every growing business wants to Apply for China Brand
.

Given China's 'First-to-File' approach, securing trademark protection is strongly advised. It is even if branded items have not yet been marketed in the country. Any corporation that wants to guarantee that its company name is well-protected before going worldwide should prioritize China Brand Registration.

Which organization registers trademark in China?

The Chinese CNIPA is the primary government organization responsible for administering and processing trademark matters in China.

How is trademarks priority decided in China?

China is a 'First-to-File' nation, which means that the CNIPA awards trademark rights for the first entity to file a request to register a mark. If a comparable trademark is already registered ...
... in China, you may not be able to seek legal protection. As a result, before entering or doing business in the Chinese market, company owners must apply for a trademark in order to reduce the possibility of the brand being licensed by another person first.

How much time does it take to obtain a trademark in China?

A request for a trademark in China will require up to 12 months to process on average (for a local application and perhaps even longer if registered as a global application through WIPO), assuming the trademark is not objected to or contested by other trademark owners.

What is the price of registering a trademark in China?

Registration for one class is ¥‎300 (about $44), excluding legal representation expenses, and covers just 10 items or services. Each additional item within the same class incurs an additional fee of ¥30 (about $4). It is also possible to submit a multi-class application, enabling you to file a trademark registration for products and/or services.

Who may register a brand in China?

Individuals, partnerships, trade unions, associations, joint ventures, and corporations with an official location in China can register their own trademarks. Foreign applicants without a domicile in China, as well as foreign companies, must register for trademark registration through a local trademark attorney.

How does the trademark application procedure in China look like?

Design a unique sign

To be acceptable for registration, a trademark must fulfill various requirements, one of which is uniqueness. Because the aim of a registered trademark is to designate an established supplier of goods or offerings to the customer, only a sign exhibiting at least a minimal level of unique character can accomplish this goal without causing consumer confusion. The CNIPA is less likely to register a name, branding, or other trademark features that are very descriptive or conventional in nature.

Conduct a preceding search

Another critical stage in registering for a brand name is to ensure that it is not illogically similar to previously registered marks. Many new enterprises that attempted to register the trademarks they owned without conducting previous study were either rejected directly by the CNIPA or faced objections from competitors who had registered their marks before them. In trademark law, those who filed their registered trademarks first have significantly stronger positions than those who applied for similar marks later, regardless of whether the registration procedure has not yet been completed. As a result, the CNIPA generally suggests reviewing their trademark database prior to submitting an application.

Submit your application

The trademark across China is able to be registered using either the 'national' or 'international' system. To file for a registered trademark in China straight through CNIPA, international applicants must first authorize a trademark agency to act on their behalf. Foreign applicants may also file for Chinese trademarks using the World Intellectual Properties Organization (WIPO). When registration an international trademark request with the WIPO, you can add China as a specified country at the moment of filing or later, after registration. Both filing systems have several pros and cons.

What is the trademark opposition procedure like in China?

Any party can challenge a China Brand Registration. An opposition must be filed with the appropriate trademark authority within three months after a national trademark's publication in the Chinese Trademarks Gazette.

Duration: The typical review period for a challenge is eleven months, with a decision on the objection lasting anywhere between 12 and 18 months with average.

Conclusion

This is all you must know about China trademark registration. You must carefully file your trademark and brand with a reliable agency in China.