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Getting Your Trademark Registered in China (Shanghai)

How You Can Get a Head Start With Trade Mark Registration in China!
Here You Will Learn:
What Is Chinese Trade Mark Law?
What Are The China Trade Mark Procedures?
What Documents Do You Need?
How Much Will It Cost To Register?
What Are the Maintenance Costs?
Where Can You Learn More About China Trade Mark Registration?
What Is Chinese Trademark Law?

The Trade Mark Law and its Implementing Regulations govern the trade mark application procedure and the protection of registered trademarks. Both trademarks and service marks may be registered in China and the application shall be submitted to the Chinese Trademark Office. Trade mark registrations are the primary means for protecting trade mark rights in China. With the exception of well-known trademarks, China does not recognize trade mark rights acquired through use. The first person to register a trade mark in China is regarded as the owner of that mark. China trade mark registration is critical to securing protection.

The trade mark registration procedure includes examination as to formality and for prior conflicting marks. The procedure is characterized by short deadlines and the lack of opportunities for formal negotiations with the Trade Mark Office as to the terms on which a mark may be accepted for registration. There are also strict rules regarding the form in which registered marks may be used. Matters such as the selection, use, and registration of Chinese character equivalents to marks in Roman letters must also be considered when registering a trade mark in China.

What are the China Trademark Procedures?

1. Find a trademark agent to assist you with registering your trademark. This is important for researching already-registered trademarks. An agent will help to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. Your trademark must be a “visible mark”; trademarks for sounds or smells are not granted in China. An agent is also important because your application must include a Chinese translation. The Chinese translation of the applicant’s name and address is required for applications.

2. Identify the laws which regulate trademark registration between your country and China. Under Chinese law, your trademark is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.

3. Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims. This information must be declared in your application.

4. Ensure that your trademark adheres to Chinese laws and restrictions. For example, the image may not include insignia of any country, and may not involve only generic names. Conduct a search to endure that your trademark is not to similar to any already registered.

5. If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country). You must claim this right with a written request on the Application Form. Additionally, the Certified Copy of the original trademark application issued by your local registry should be filed with the CTMO along with the Application Form. Nevertheless, if you cannot file such certified document with the initial filing, you could submit it within 3 months from the filing date.

6. Apply for registration with the China Trademark Office (CTMO). In the China Trade Mark Registry, the application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months with the Chinese Trade Mark Office.

What Documents Do You Need?

The principal document in the registration process is your application form. A separate application for each trademark to be registered, although one application may cover both wares and services or a number of wares or services, must be filed. If your application is based on the current use of a design then three specimens of the mark as used should be submitted at the time of filing. The appropriate application form filled out by you or your agent.

Your written authorization, if someone other than you or your agent has signed the application;
(1) Your company’s business license

(2) A clear picture of your design

(3) The items (services or products)

(4) The company stamp.

How Much Will it Cost to Register?

There are three sets of fees you should be prepared to pay.
1. Trademark Comprehensive Study. Even though you can use the internet to perform a number of searches on your own you would be well advised to have a professional searcher complete a Full Common Law” and to provide you with an option on the Register ability of your mark.

2. Trademark name check: RMB 300

Logo Check: RMB 500
3. Government charge for logo check: RMB 300

Government fee. RMB 1,000
Bstarts service fee. RMB 2,000
What Are the Maintenance Costs?

1. Trademark renewal – China trademarks should be renewed in ten years by filing the renewal documents with the China Trademark Registry. It costs RMB 2,000.

2. Trademark transfer – Any trademark can be transferred after it is registered. It costs RMB 3,000.

Where Can You Learn More About China Trademark Registration?

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