China Trademark Registration

Protect your company’s image and product/service
30 days to set up ™, 18 months minimum for ®
No annual fees to maintain the trademark after registration
We have Registered over 25 000 Trademarks over the last 10 years

China Trademark Registration

What is a trademark and why is it particularly essential when doing business in China ?

A China Trademark Registration is a distinctive brand or mark used by an individual to indentify that the product or service originate from one and only source. This mark has a value not only to the owner due to its distinctiveness but also to customers who associate this trademark to a specific product or service and therefore have certain expectations towards the company. All kinds of products or services are subject to trademark infringement especially in China where counterfeit product are very common (China does not recognize unregistered trademark rights). Protecting a company’s trademark is a strategic move in the long term and should be carefully considered.

China Trademark Search and Monitoring

Trademark Search

We deliver an availability search for similar pending or registered prior trademarks. The report contains a Assessment from a lawyer specialized in trademark law regarding the registrability of a trademark and the risk of collision with trademarks already registered.

Trademark Status Search

Overseeing the status of your registration is a wise act to have an update on the process. We can provide you with a status report for your trademark or you may utilize our website to do the search yourself.

Trademark Monitoring

Our professionals can help you trace your trademark in China and alert you of a potential infringement.

China Trademark Application and Cancellation

Trademark Application

We process the trademark registration application in mainland China. The all-inclusive price includes our attorney fees and the government fee, assuming no refusal or opposition. We also handle trademark cases in Hong Kong, Taiwan and Macau.

Trademark Applicant Changes

In case of possible modification in your name or address, the China Law of Trademark mandates that a corresponding change process should be applied for the trademark to avoid any negative effect on the trademark.

Trademark Cancellation

When a registered trademark hasn’t been used in 3 years, anyone can file for its cancellation at the FREEWIND. This ups the likelihood of your trademark registration and prevents rivals.

China Trademark Opposition

Trademark opposition analysis and defense against opposition

If you are discontented with the rejection of your registration, you may file for a rejection review with the Chinese government to regain your chances for accomplishing the registration process.

Filing Trademark Opposition

These reports can provide you with a comprehensive protection for your trademark that can allow you to evade unnecessary litigations and disputes.

File Trademark Opposition

You may file for opposition on other’s registration, under legal grounds, with the trademark office to prevent confusion and infringement.

China Trademark Renewal and Refusal

Trademark Refusal & Analysis

The Trademark Refusal does not mean that your trademark cannot get registered. Our attorney can help analyze the reason of refusal. If the reason of refusal is not reasonable, the attorney will provide professional advice and suggestions to overcome the refusal and get your mark registered.

Trademark Review and Adjudication

If you are discontented with the rejection of your registration, you may file for a rejection review with the Chinese government to regain your chances for accomplishing the registration process.

Trademark Renewal

Registered trademarks in China lasts for 10 years and should be applied for a renewal to avoid invalidation.

Check Your Trademark Availability in China

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China Trademark Registration FAQ

What are the benefits for registering a Trademark?

The benefits from registering a Trademark in China include:

  • Registration may be filed to prevent importation of infringing foreign goods.
  • Registration can be used as a basis for obtaining registration in other countries.
  • First-to-file, not first-to-use, will be more likely to claim ownership of trademark.
  • Nationwide recognition of the trademark owner’s claim.

What documents are needed for a trademark registration?

  • The benefits from registering a Trademark in China include:
  • 4. Registration may be filed to prevent importation of infringing foreign goods.
  • 3. Registration can be used as a basis for obtaining registration in other countries.
  • 2. First-to-file, not first-to-use, will be more likely to claim ownership of trademark.
  • 1. Nationwide recognition of the trademark owner’s claim.

Failure to register your trademark in China, could cause you to lose the right to your “Own” name in China.

  • A number of people in China make their living by usurping foreign trademarks and then selling a license to that trademark to the original license holder (the foreign company). China, like much of the world is a “first to file” country, which means whoever files a trademark or trade name first in a particular category almost always ends up owning that trademark.

You Must Register Your Trademark in China to Protect it in China.

  • Though the media have published a number of stories deriding China’s intellectual property protection, those articles nearly always fail to mention that in most instances involving trademarks, the fault lies with the foreign company, not with Chinese enforcement. A foreign company that fails to register its trademarks in China has no real right to complain about any “infringement” there. To expect protection, foreign companies must register their trademarks in China and the prudent company does this before going in.

When Doing Business in China, you should consider registering your trademark.

  • The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers “your” trademark in China, they have the power to stop your goods at the border and prevent them from leaving China.

Trademarks that can be registered in China.

  • China’s trademark requirements are actually quite similar to those in most other countries. The trademark must not conflict with an existing Chinese trademark and it must be distinctive. China allows for registration of all marks for goods, services, collective marks and certification marks.

China’s Trademark Office maintains a centralized database of all registered and applied-for trademarks.

  • Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no objections within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review & Approval Board and then to the People’s Court. Objections to trademarks are relatively rare.

Protect your name with a Chinese Trademark.

  • A Chinese trademark gives foreign companies a surprising amount of protection in China. If a foreign company learns that its trademark is being infringed in China, it has a number of actions available to it.

Pursuing A Trademark Infringer In China.

  • The foreign trademark owner should usually file a lawsuit against the infringer, seeking damages and an injunction stopping the infringer from continuing to sell the infringing goods. The Chinese courts in the more commercialized regions are actually quite willing to enforce China’s trademark laws, even for foreign companies. Trademark infringement is a crime in China. For serious cases of infringement, a complaint to the office of the public prosecutor can often result in a criminal prosecution against the infringer. The Chinese police will close the offending operation and seize the counterfeit goods. The courts are authorized to impose both fines and imprisonment. Finally, if the counterfeit goods are destined for export, a notice to the Chinese customs authorities will prevent export of the counterfeit goods.

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