Sunday, January 23, 2022

Overall procedure and requirements on Chinese trademark by Ma Jun and his team

If you want to apply a Chinese trademark, you may understand the framework of Chinese trademark by this article.  This blog contains the most frequently asked questions I and my team meet in our daily work.

1.       Who can apply a trademark in China? And what is needed?

Any natural person, legal person or other organization may apply for a trademark for its service or product in China.  All that is needed is (1) a passport (scanned version) or certificate of incorporation (scanned version) (2) an address of the applicant.

Specifically, even if your country has no international treaty with China, you may apply with the foregoing documents.

2.       What can be registered in China?

Any sign that may distinguish your product or service with others, including words, graphics, alphabets, numbers, 3D sign, combination of colors or voice etc., and combination thereof, may be applied as trademark.

3.       What is the classification system in China?

China follows the Nice system, using international classification. If you want the English version of Chinese classification, send me a mail.

4.       How long it takes to register a trademark in China?

Smooth case: Practically it takes generally 4 months for review and 3 months for publication, 7 months in total.

One rejection: Practically it takes 4 months for first review, 7-9 months for appeal, 3 months for publication, namely 14-16 months in total. 

5.       How much does it cost to register a trademark in China?

Government fees around 49 USD for each trademark application, plus our service fees 250 USD, namely 299 USD in total.  International courier fees will be taken by client if any (generally no such fees). China does not charge separate registration fees as Korea, neither does China charge fees for certificate.

6.       Does Chinese trademark require evidence of use for application as the US system?

No. 

7.       How to deal with a bad faith registration in China if I become realize my trademark has been registered by a third party in China?

Refer to our articles below:

How to take advantage of the “trademark hoarding” rule in China?


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