The first-to-file trademark law in China implies that the person who registers your brand first will have full rights to distribute and sell the items, though many people aren’t aware of this fact. If trademark issues aren’t resolved, your items may not be sold in China. That is the reason why registering your trademark should be high on your priority list.
Information regarding trademark registrations, such as the costs, procedure, and other important details are unavailable online. This article will explain all the important details that you need to know about registering your trademark in China.
Trademark Law of China
The system of trademark law in China is administered by the China National Intellectual Property Administration (CNIPA). This division coordinates with the country’s various agencies and courts in enforcing trademark rights. The Trademark Law and the Unfair Competition Law are the main pieces of legislation that form the trademark system in the Professional Regulatory Commission., both of which are rarely enforced in the country.
Amendments to the Trademark Law of the PRC in 2001 allowed three-dimensional trademarks to be registered. Well-known brands are now recognized under the Chinese law. Unfortunately, trademark piracy is a common problem in China for several years now.
Despite the effective administrative raids carried out by trademark owners, they still fail to protect their trademark rights. You can hire a local Chinese attorney to keep your trademark protected for another ten years, with experts who can submit a renewal application on your behalf.
Eligibility Of Trademark In China
A trademark sign identifies a specific good or service that consumers can rely on. It lets them distinguish between the goods and services of different producers. The trademark can be composed of various words and symbols, such as letters, numbers, and shapes.
The trademark must be legal in China, it can’t be identical to other products’ trademark. The words or symbols must be distinctive and easily recognizable to the public.
How To Process Your Trademark Registration
The whole procedure may be completed online. Several firms can assist you in managing most tasks for as little as 400 yuan and as much as tens of thousands of yuan as a fee. For your reference, here’s an overview of how you can deal with it on your own:
- Make sure you’re qualified, by gathering your documentation. If you want to link your trademark to your business, you’ll need to attach a copy of your business license that has been stamped.
- The second step is to create an account on the official website and fill out all necessary documents. Forms and other required papers should be submitted. In China, trademark applications are dealt with by the State Administration for Industry and Commerce (SAIC).
- SAIC reviews the application to determine you may continue or not, or if more documentation is required.
- If your application doesn’t infringe any laws or the rights of others, it will be legitimate.
- Lastly, once approved, the certificate may be verified online. The trademark is approved and issued, it generally takes two months when the above process has finished.
The process of registering a trademark is a tedious. It is advisable that before entering the Chinese market, you must begin the complex process of obtaining a Chinese business license.
Documentations Needed For Trademark Registration
It’s necessary to supply the following documents when you apply for trademark registration:
- Five copies, printed on smooth and clear paper or substituted with pictures no bigger than 10 x 5 centimeters
- Five colored and one black-and-white copy are required if the claimed shade is accurate
- Declaration stating the form or the color combination that claims as a trademark, together with a literal description, for a three-dimensional or color combination trademark
- A translation is required if the trademark is in foreign language or includes foreign language
- It needs a representation of the brand
- A list of products and services
- The applicant’s data
- The Power of Attorney
- The date of filing
A legitimate Power of Attorney with signature is all that’s needed. A copy of the form is required to file a trademark application in China. Likewise, trademark applicants in China must provide a certified copy of the Priority Document plus a Chinese translation to claim priority.
When your brand becomes well-known around the globe, including in China, it is more likely to run across trademark scammers, counterfeiters, or suppliers on the black market. For international firms, understanding and registering the trademark in China is a crucial legal step. China only recognizes trademarks registered in its jurisdiction. It is best to follow the guides that were stated to help you save time, effort and the inconvenience, when registering a trademark in China.