How the Registration of Word Mark in China Provides Broader Rights

A word mark, or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. The number one difference between logos and wordmarks is that wordmarks are text-based logos. The most famous are FedEx, Coca-Cola and even world-famous IBM. These are all examples of highly successful and easily recognizable wordmarks that are easily identified with around the world.

Trademarks in China can be registered in different forms namely word mark, label, logo and device mark. A “word mark” is considered the strongest form of trademark protection you can obtain. Applications for word mark registration in China must include a Standard Character Claim: The mark consists of standard characters without claim to any particular font, style, size or color. In addition to words and logos, three-dimensional signs, color combinations and sounds (including musical jingles) may also be registered as trademarks; namely, non-traditional marks.

Word Mark Registration in China

China permits the filing of a wide range of marks, including sounds, 3D marks and color combinations. But the vast majority of applications are either word marks, logos or a combination of both. In China, it is generally preferable to register all word marks separately from logos, as this will ensure a wider scope of protection for each element. There are many pitfalls you need to avoid when registering a word mark, it’s also important that you know about the process when registering one.

Trademark Classification Framework of China

>> If a trademark comprises English letters or Chinese characters, it is treated as a word mark and will be compared with other prior word marks to determine whether similar prior trademarks exist.

>> If a trademark is a device mark, it will be compared with prior device marks in accordance with the International Classification of the Figurative Elements of Marks (the Vienna Classification).

>> For composite trademarks that combine both word and figurative elements, the mark’s word and device elements will be examined separately.

Trademarks protect your business name, product names, Domain names, logos and slogans. The decision to Trademark is likely one of the most important business decisions you will make. In the view of the prominent China trademark lawyers, when faced with an issue registering a word mark, a design mark can be a viable option to at least secure the logo or other valuable aspects of the mark.

Share with friends:

Leave a Reply

Your email address will not be published. Required fields are marked *