CHINA

COUNTRY : PEOPLES REPUBLIC OF CHINA

CAPITAL : BEIJING

LANGUAGES : MANDRIN & ENGLISH

 

International Treaties to which China is signatory:

• Paris Convention for the protection of industrial property
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Trademark Law Treaty TLT – Not in force
• Madrid Protocol for International filing of trademark
• NICE Classification of Goods & Services
• Berne Convention

 

PROTECTION OF TRADEMARKS IN CHINA:

1. NATIONAL REGISTRATIONS : Direct Filing with National Trademark Office.
2. INTERNATIONAL REGISTRATION : Through Madrid System.

Please refer our Treaties section on International Protection under Madrid System.

Therefore, to obtain protection in China, there are two options from which the applicant can choose:

• Kinds of Trademarks registrable in CHINA

  • Following indications may be used as Trademarks in China:

    • Word marks
    • Designs
    • Letters
    • Numerals
    • 3 Dimensional marks
    • Colours & their combinations
    • Images
    • Names
    • Figures
    • Combination of all of the above.

    Types of trademarks registrable:

    • Well known marks
    • Service marks
    • Collective marks
• Requisites for a Trademark to be registrable in CHINA

  • Trademarks must comply with the following essential requirements to be registrable in China:

    • Trademarks should not conflict with prior pending / registered Trademarks.

    • Not be discriminatory, deceptive, confusing, misleading Trademarks.

    • Trademarks not to comprise generic names, designs or models of the goods concerned which have a direct reference to the functioning of the goods therein.

    • Not be exaggerating & fraudulent.

    • Trademarks not to be detrimental to socialist morals and / or customs.

    • Trademarks to not bear an unhealthy influence on the society as such.

    • Trademarks should not have a direct reference to the quality, main raw materials, functioning, use, weight, quantity and other features of the goods in respect of which the trademarks are used.
    • Trademarks should not lack distinctive features.
    • Trademarks should not be 3D by way of shapes derived from the goods themselves required for obtaining the technical effect or lending substantial value.
    • Trademarks should not be reproductions, translations, transliterations, imitations of well known marks that are registered.
• Kinds of Trademarks not registrable in CHINA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in China: 

    1. Trademarks not having distinctive characteristics, or consisting of signs or data that comprise of familiar drawings and ordinary pictures of goods and products. 
    2. Every expression, drawing or sign which is immoral or contrary to public order and law of the land.
    3. Public Emblems, Flags, Military Emblems and other symbols  or International Organizations and institutions, or imitation of such Slogans therein.
    4. Imitations of the Red Crescent, Red Cross and such other recognized insignia.
    5. Marks which are identical or similar to religious symbols.
    6. Trademarks bearing Geographical names indicating  the source or origin of the goods, products or services.
    7. Names, Titles, Images, Logos of third parties without express consent or authorization.
    8. Trademarks misleading the public, containing false information regarding the origin and source of products, services, marks imitated or forged and marks pertaining to fictitious businesses.
    9. Trademarks prohibited by the Ministry of Commerce and Agriculture.
    10. Trademarks identical with or similar to those previously registered and marks degrading, devaluing prior registered marks along with existing businesses and marks that are reproductions, translations, transliterations, imitations of well known marks that are registered.
    11. Applications filed with malafide and vexatious intentions
    12. Trademarks contravening laws and regulations in-force.
    13. Trademarks having a direct references to or a description of the goods and services for which mark is applied.
    14. Directly indicative of quality, principle, raw material, function, use, weight and such other features of the goods and nature of services.

    TrademarkCopia through its associate Law Firms and Lawyers in China is at hand to help you with trademark registration and prosecution. 

• Trademark Search in CHINA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Chinese Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in China.

• Trademark Filing in CHINA

  • Filing is done with the Trademark office of China.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Priority details if any.
    7. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in CHINA

  • Once the trademark is filed with the SIPO, the trademarks office examines the application and after a preliminary approval, publishes it.

    Examination is conducted to ensure that the mark and the application are in conformity with the laws.

• Trademark Publication & Opposition in CHINA

  • Within 3 months from the date of publication, any interested party may file an opposition. In the event there is no opposition or the opposition is not proved, the mark proceeds for registration and the trademark certificate is issued.

    In the event there is opposition filed against a trademark that has been preliminarily examined and published, the trademark office shall hear both the applicant and the opponent. After investigation and verification based on the facts and grounds as established by the applicant and the opponent, the trademarks office will make a decision.

    Where either of the parties is dissatisfied with the decision, the concerned party may within 15 days from the receipt of the notification apply for a re-examination of the trademark review with the Adjudication Board which will then make a decision and notify both the parties in writing.

    Further, any interested party apart from the opponent and the applicant dissatisfied with the decision of the Adjudication Board, may within 30 days from the date of receipt of the notice institute legal proceedings in the People’s Court. The People’s court shall notify the other party to the trademark re-examination proceedings to be a 3rd party to the litigation.

    The application then proceeds for registration based on the adjudication of People’s Court.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in China can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in CHINA

  • Trademark registration in China is valid for 10 years from the date of registration. After which it can be renewed for another 10 years for unlimited times. .

    Rights of Trademark Owners:

    Trademarks may be:

    • Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement.
• Trademark Usage in CHINA

  • Post Filing: Failure to use the mark continuously for 3 yrs. post registration could lead to premature termination of the mark.

• Trademark Cost of Registration in CHINA

  • Please write mail for cost of registration of trademark in China  to the mail address given below:

    contact@trademarkcopia.com