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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Understand the Legalities that Govern Overtime in China

China continues to be a challenging market in which to do business, but remains one with great growth potential. To succeed, multinational employers entering into and doing business in China must sharpen their employment-related business strategies to leverage opportunities and mitigate risk.

Overtime regulations in China are typically regulated in the People’s Republic of China Labor Law. Many foreign companies find it really complex and hard to understand. Often Chinese employees litigate overtime claims to their employers, therefore, it is really important for the China employer to understand the legalities that govern overtime in China in order to avoid potential discrepancies with the law.

In the jurisdictions like Beijing where the law is highly favorable to the employees, if an employee claims that he/she has not been paid for the overtime, the onus is on the employers to prove the claim is false. In the view of the prominent Chinese lawyers, the courts of Beijing has the perception that employers often deliberately conceal the evidence that a worker has done overtime in order to save money.

 Under PRC Labor Law and regulations, overtime pay is clearly specified:

  • Any work that exceeds 8 hours per normal work day must be paid at 1.5 times of the employee’s contractually agreed to hourly wage.
  • Any hours worked on a weekend day must be paid at 2 times the employee’s contractually agreed to hourly wage.
  • Any hours worked on a Chinese statutory holiday must be paid at 3 times the employee’s contractually agreed to hourly wage.
  • The number of overtime hours is also regulated by law and is limited to no more than 3 hours per regular work day and no more than 36 hours per month.

According to the Chinese law firms, the current emphasis on mediation in labour disputes reflects a shift towards mediated settlements in China’s judicial system as a whole, but more specifically it is a response to the sudden upsurge in arbitration and labour rights legal cases that followed the implementation of the Labour Contract Law and Labour Dispute Mediation and Arbitration Law in 2008. Both laws gave workers additional ability and incentive to seek legal redress for labour rights violations.

Chinese business lawyers suggest China employers should think strategically about how to document the employment relation- ship to maximize their flexibility and minimize costs and legal risks. Written employment contracts can include key terms such as probationary periods, working time arrangements, wages and benefits.

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