Legal protection of TM in China and protection from trademark squatting.
We will carry out an inspection of the trademark for eligibility, submit an application, and guide you through all subsequent steps (examination, publication) until you receive a certificate.
We will extend the validity of the trademark registration certificate, as well as recall the need for the next extension.
We can conduct a legal analysis of the status of your trademark, developing and implementing an action plan if needed for court or elsewhere.
The biggest danger regarding the production of goods in China is unfair trademark registration: when a Chinese counterparty or supplier registers the trademark for itself, sabotaging the production and transportation of goods. The only effective protection against such situations is trademark registration in China.
Recently, Chinese courts and customs view the production of goods as the use of a trademark, and as such may be considered a violation of the rights of third party brands.
This occurs when a Chinese person registers an already known foreign trademark as their own. The ‘trolls’ can then force the brand owners to pay for the transfer of intellectual property rights, or in some cases, start selling the goods themselves.
Protection against patent trolling is essential to prevent blocking the export of goods from foreign trademarks.
In China, trademark registration priority is given to the person who first applies. An example of this is Donald Trump, who despite going to court, lost and now has a Chinese company operating under his name brand in China.
If you are considering bringing your goods to China, it is prudent to order a trademark check for a current registration or application in China.
Search for trademark identity and similarity
According to the laws of the PRC, trademarks that are identical to existing ones cannot be registered. Therefore, a trademark must first be checked.
Submission of application and payment of fees
Our experts will help you correctly draw up an application from a legal entity or individual, choose the necessary classes of trademark, and file it with the Chinese Patent Office.
During the examination, the Patent Office checks the correctness of the documents filed to be sure they are in compliance with the trademark requirements set forth by the “Law of the People’s Republic of China on Trademarks”. Then a preliminary decision can be made regarding the registration of the trademark.
Registration, publication, and issuance of the certificate
If the preliminary registration has not been challenged within 3 months, the trademark is registered, a certificate is issued, and an official notice is published.
Given the increased number of cases of trademark fraud in China, the answer is clearly “Yes!” And the faster you do it, the sooner you will protect your international business from possible threats.
The opportunity to protect oneself from the potential dishonest actions of a Chinese partner.
The right to block the registration of similar brands in China.
The safe export of your goods from China.
An opportunity to expand your sales in China.
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How long does the TM registration procedure in China take?
The full registration procedure takes from 12 to 16 months.
The first 9 months – formal and qualification examinations, and it takes 3 months for the publication of the preliminary decision and the possibility of protesting it by third parties. Immediately at the end of this period, the trademark will be registered, and another 2 months will be spent on delivery of the original certificate.
What documents are needed to register a TM?
Is there an alternative to registering TM in China?
Yes, an alternative is possible: an international trademark registration procedure under the Madrid Agreement and Protocol.
For the international registration of a trademark in China, you must have the registration of this mark for goods and services in the territory of one of the countries of the Madrid Agreement (for example, Ukraine).
Both TM registration under the national TM registration procedure in the People’s Republic of China and international trademark registration have advantages and disadvantages.
If you need to delve deeper into this issue, we recommend a free consultation with our experts.
Can TM registration be denied in China?
Yes, both a refusal of registration and a partial refusal is possible.
In the event of a refusal, the applicant may, within 15 days, contact the Expert Commission on Trademarks of the Main Directorate of the Industrial and Trade Administration of the PRC for reconsideration of the application.
In case of partial refusal, the TM may be registered for a part of the declared goods. To date, the most common reason for the
refusal to register a TM in China is incorrect preparation of the application and related documents.
Don’t waste your time filling out repeated applications; we kindly recommend reaching out to one of our specialists for assistance.