We all know that registering trademark in China is the most important part of doing business over there. But the trademark related issues are very complex and first-hand understanding is needed to resolve any sort of trademark and patent issues. In this article, we are going to discuss some of the tricky questions on China trademark registration.
What is a three-dimensional trademark? Can it be registered in China?
Ans– A three-dimensional Trademark refers to a three-dimensional configuration, such as the shape of goods or their wrapping as well other packaging. China recognizes three-dimensional Trademarks. But, the three-dimensional Trademark must be distinctive, and cannot be the natural shape of the product or the shape necessary to achieve the effect of the technique.
What is “First to File” trademark registration system?
Ans– Unlike the United States and other European countries, in China there is no prior-use or intent-to-use requirement needed before registering a trademark nor are common law rights recognized. China recognizes a “first to file” system, which generally means that the trademark right belongs to the first person who properly registers the mark in China. In other words, any party, whether or not it intends to use the mark in the stream of commerce, may register a trademark in China.
Which Chinese authority is responsible for handling the applications of trademarks?
Ans– Submit the application form and other relevant documents. In China, SAIC (State Administration for Industry and Commerce) is responsible to handle the applications of trademarks.
Can trademarks without the purpose of use be terminated?
Ans– Trademark squatting is a major issue in China. One of the greatest challenges that many foreign companies face when entering the Chinese market, is that their brand has already been registered as a trademark by a Chinese company. In order to tackle this problem, Chinese authorities have taken a few effective steps and made changes in the trademark law. The “purpose of use” added in Article 4 of the revised Trademark Law is the basic stone for all legal norms to curb the application for registration of malicious trademarks. According to the revised Trademark Law, applicants should be required to submit evidence of “actual use” or “honest use intention” at the time of registration of the trademark application.
Time scale required for registering trademark in China?
Ans– Currently it takes around eighteen to tweenty four months to get a trademark registered in China.
What is the renewal period of trademark in China?
Ans– A trademark in China is valid for ten years from the date of registration. A request to renew the registration must be filed within twelve months prior to the date of expiration. A grace period of six months is allowed by paying a corresponding surcharge. A trademark may be renewed each time for a period of ten years.