Trademark Registration Phases in China

Although China’s economic and manufacturing development are astonishing, still the country is a vulnerable place especially for the new entrants. Registering trademark would be first on your agenda. Trademark registration in China is the best possible way to protect brand name, fame, and identity. According to the Chinese patent law, trademark law and some other related laws, foreign law firms, agencies and any foreign person shall appoint any of such organizations as designated by the State to act as its or his agent.

The entire trademark registration process in China can be easily defined through this image.

source: www.tmsearch.cn

For better understanding, we are dividing the entire process into few phases

Phase 1-

Your trademark registration process starts the moment you have requested for registering the trademark. Here we are offering you the complete detail of the place where you need to contact.

Website: www.ctmo.gov.cn or http://home.saic.gov.cn

Address: 1, Chama Nanjie, Xicheng District, Beijing Post code: 100055

Telephone: 86-10-68027820, 86-10-68052266 (voice reference)

Fax: 86-10-68013623

Phase 2-

It will take around two months for the officials to file a report on your trademark request. It is highly important for the US and the European business owners to remain alert about many pitfalls they might face while registering their trademark in China. There are some scenarios where registering through a China lawyer or at least seeking legal advice from a Chinese law firm beforehand makes sense.

Phase 3-

To get your trademark get accepted and published ( it there is no rejection or review) it will take around nine to twelve months. In case your request gets rejected or sent to the review, the process will stretch a bit longer.

Phase 4-

After getting accepted and published, it will take around three months to get your trademark registered. The process may get delayed in two circumstances, first if gets opposed and second if it is sent to reviewed. After, the successful registration of your trademark, it will remain valid for ten years. Where the Trademark registrant intends to continue to use the registered Trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration.

If you show any lethargy in trademark registration in China, there is a great chance that someone else could take it under your nose. So, you must give top-priority to trademark registration and brand protection of your business.

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How China Trademark Attorneys can help you

China has its own laws and rules relating to trademarks, different from those of the United States and the other European countries. Appointing a China trademark attorney could be your best bet to navigate the complex field of registering trademark in China. Having a strong brand provides a way for your customers to identify your business, and to refer your products or services to others. A brand is a form of intellectual property that could be protected as a trademark. Like any valuable asset, a brand should be protected. Failure to protect your brand may reduce its value, and could damage your business’ reputation. Utilizing the legal channels for protecting your brand can greatly help you to stop and track brand theft that is quite common in China.

A trademark or service mark is generally a word, phrase, symbol, design or a combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. A trademark may be located on a package, a label, a voucher or on the product itself. Trademarks are also used on company letterheads, business cards and the like to promote a business. The trademark owner can be an individual, business organization or any legal entity.

Seek Assistance from the Trademark Attorneys in China-

Only the professional lawyers who possess excellent knowledge regarding the trademark registration process and the several trademark registration loopholes could offer you valuable service.

  • An experienced China trademark attorney can guide you through the formalities of the application process. He/she can skillfully draft your application to help avoid objections by the Chinese trademark registration office.
  • In China, sometimes even trademarks that are not registered, but are similar to yours and used for goods and services related to yours, could ultimately bar you from using and/or registering your trademark. China trademark legal experts can help you avoid costly registration problems by conducting a comprehensive trademark search before filing your application.
  • The filing of a trademark application begins a legal proceeding having many legal requirements and strict time deadlines. All substantive and procedural requirements of the Trademark Act and Trademark Rules of Procedure must be met. Only a reliable China trademark lawyer can help you out in meeting all the requirements.

According to Eleanor Coates, Glasgow-based Senior Trademark Attorney “Trademarks are more than a pretty symbol or a clever series of arty lines designed to catch the eye – and stick in the minds – of consumers. In today’s world, trade marks are extremely important to businesses as they are intertwined with the quality, likeability, must have appeal and goodwill towards a product or brand.” The potential risk of not registering your brand can be disastrous, causing you to lose thousands of dollars and maybe even the rights to your brand. Take actionable steps for registering your trademark in China before it gets too late.

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