China trademark registration

Why you should register your trademark in China as soon as possible!

Differ from the principle of US trademark law, “use first”, Chinese trademark law is “register first”. That means even you have used the brand for many years, but if you are behind other company to register the trademark in China, your trademark application will be rejected by Chinese government.

To avoid that problem, you should register your trademark as soon as possible in China. According to the revised Trademark Law of August 30, 2013, Chinese trademark general procedures will be:

1. Post trademark application or online trademark application.
2. Around 5 months Chinese Trademark Office will decide to if issue a notice of trademark application acceptance.
3. Within 9 month after trademark application submission, Chinese Trademark Office will decide if to pass the preliminary examination.
4. Within 3 months after the issuance of the preliminary examination announcement, if there is no objection or objection is failed, Chinese Trademark Office shall issue the trademark registration certificate.

The Chinese trademark application fee for foreigner and foreign company is USD400 each which includes:
1. Government fee 50 USD
2. Translate business license or passport information
3. Trademark search
4. One class within 10 items. Each extra item will cost USD 5 more

Chinese trademark office requires the applicant should have a Chinese name, we can help client to develop a proper Chinese name at cost of USD200.

 

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