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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The Importance of Registering your Trademark with China Customs

The best way to keep your trademark secure in China is to register it with China customs. If you are willing to book utmost security to your trademark, you have to you need to register your China trademark again with the Chinese Customs. It is an essential and unavoidable procedure for the foreign companies that export items from China at risk of counterfeiting.

Benefits of registering your trademark with China customs

Simple and affordable- There is a misconception among the foreign businesses that, registering with the China customs is a complex and money-wasting affair. You would be surprised to know that registering your trademark with with China customs is neither complex nor costly. The only thing you need to do is to have a PRC agent registered with China customs by your side while applying for your trademark registration.

Gives you greater confidence– The risk involving doing business in China can be minimized by taking adequate measures in advance. Renowned China lawyers are of the opinion that it is always good to be safe than sorry while exporting from China. Be mindful about the technical glitches and you can get all the benefits Chinese market offers to the exporters. Registering your trademark with the China customs gives you extra measure of confidence against any type of counterfeiting of your product.

Long-term protection– The businesses that are focusing to make a huge investment in China export must seek the protection of their trademark from the China customs. It offers them a long-term protection of their Intellectual Property Rights in the Chinese exporting market.

What documents to submit?

  • An e-copy of the identification certificate of the right holder and agent where necessary, (including a Chinese translation);
  • An e-copy of the IP certificate (TM certificate, patent certificate, copyright registration or other document justifying copyright);
  • Information regarding related licenses, photos of the goods and their packaging;
  • An e-copy of power of attorney in the name of the agent responsible for the registration process, if one is used.

In case, a foreign company’s intellectual property rights (IPR) is infringed, the company can seek help from the China Customs for Customs enforcement of IPRs and resorting to legal remedy by law court or IPR authorities. In many cases it is noticed that the product that is exported to China by an overseas company is being counterfeited at a rapid speed.

According to many China lawyers the biggest mistake foreign companies do is not registering their products with the China Customs. Two things are responsible for this, either the company doesn’t have the knowledge how to secure their trademark or they are absolutely ignorant about such a thing.

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