How to establish a company in China?
2020年1月5日Legal basis to nullify an imitated Chinese registered trademark
2020年4月1日How to register trademark in China?
- Who can register a trademark in China?
- Chinese or foreign Natural person (Chinese natural person limited to individual household)
- Chinese or foreign legal person (including Chinese or foreign company)
- Chinese or foreign other organization
- Two or more above natural person, legal person, other organization jointly
- What can be applied as trademark in China?
- Word
- Drawing
- Letter
- Three-dimensional sign
- Color combination
- Sound
- Combination thereof 2.1 to 2.6
- What is principle where two or more applicants apply for the registration of identical or similar trademark?
- First file is to get preliminary approval
- If the filings on the same day, the preliminary approval shall be made for the trademark that is used earliest, otherwise will be decided by draw lots.
- What are the procedures for trademark registration in China?
- Look up the trademark. Yingxin Law will conduct a Free preliminary basic search for client to assess the ability of the trademark registration within 01 days after the client provided the trademark sample. After a preliminary basic search in the event that the trademark has little chance to get registered in China, Yingxin Law will advise and provide relevant references to clients.
- File a trademark registration application. Within 1 month, Trademark Office of China Intellectual Property Administration will conduct forma review of the application document. In the event that the application meets the requirements, the Trademark Office will notify the acceptance of a valid trademark application, otherwise will issue a supplement and correction notice, or issue an invalid trademark application notice.
- File a trademark registration application. Within 1 month, Trademark Office of China Intellectual Property Administration will conduct forma review of the application document. In the event that the application meets the requirements, the Trademark Office will notify the acceptance of a valid trademark application, otherwise will issue a supplement and correction notice, or issue an invalid trademark application notice. The client may submit an application for priority right within 6 months of filing the first application for registering the same trademark for the same goods in a foreign country; or within 6 months for the date that the applicant uses a trademark for the first time on goods displayed at an international exhibition organized or recognized by the Chinese Government.
- Within 9 months upon receipt of trademark registration application, Trademark Office shall complete the substantive examination. In the event that the trademark application has been complied with the provisions of the Trademark Law, the Trademark Office shall issue a preliminary approval notice and publish this preliminary approval announcement on its website. In the event that the trademark application is in nonconformity with the relevant provisions of Trademark Law, or it is identical with or similar to the trademark of another person that has been registered or preliminarily approved in respect of the same or similar goods, the Trademark Office shall issue a trademark rejection notice.
- From the date that publish the preliminary approval announcement, there will be 3 months opposition period for any prior right owner or interested person to raise an opposition to against the preliminarily approved trademark.
- After 3 months from the date that published the preliminary approval announcement of the trademark, in case there is no opposition raised during the such period, China Trademark Office shall approve this trademark registration with issue a certificate of trademark, and publish the announcement of the trademark on its website.
So the procedures to issue a Chinse certificate will take at least 12 months.
- Trademark registration filing fees
CHINESE TRADEMARK | OFFICIAL FEES | OUR FEES |
1. Trademark searches with opinion for trademark application within one class (On request) | $60 | |
2. Filing a trademark application for one class within 10 goods/services (Including certificate of incorporation or certificate of registration translation) | $50 | $400 |
2.1 For each additional Class (if have) | $50 | $240 |
2.2 For each additional goods/services from 11th goods/services (if have) | $5 | $3 |
3. Claim priority right (if have) | $100 |
Please note 3% VAT, bank fee $20 are not included