Those, who purchase from China, or produce the goods themselves, know how important it is to have a registered trademark. This not only helps customers to protect their own brand from unfair usage by third parties, but also makes the product more recognizable in the market. In this case, of course, it is important to bear in mind that the registration of a trademark is necessary not only in the counties where the goods are sold, but also in the country producing the product. Since most of the CIS countries still buy most of the goods from China, today we will talk about it.
If a trademark is not registered in the People's Republic of China, then from the point of view of Chinese law, this mark can potentially be used by any person, and this, in turn, can deprive the client of the possibility of using his own brand.
Registration of a trademark and issuance of a corresponding certificate is carried out by the State Intellectual Property Office of China. Any citizen or company registered in mainland China has the right to file an application for registration of a trademark, which they will use in relation to goods or services. As for foreign nationals or companies intending to obtain a trademark in China, they can represent their interests only through patent parties.
As a trademark, a designation may be registered that includes words, letters, signs, numbers, an image or a combination of the above objects.
There are the following steps in f registration of a trademark in the PRC
- Filing an application and a package of necessary documents. Documents required for registration of trademark: passport details of the applicant or certificate of registration of the company, electronic versions of the applicant's trademark, description of the goods in relation to which the mark will be used, power of attorney for your patent authorized person in China.
- Preliminary examination and approval of the application. After you have submitted an application, the registering company helds a preliminary search of similar marks, and, if any were not identified, the application is submitted for further examination for compliance with all the specified requirements of the Trademark Law of the People’s Republic of China.
- After the relevant organization has completed the verification of documents for compliance with all requirements, the next step will be the official work on finding similar trademarks. This step takes approximately 9 months. Further, the Trademark Office publishes all information about the mark, including the name of the applicant, his legal address, the date of filing of the application and its number, designation and class, in the official bulletin.
It should be remembered that the certificate will not be obtained immediately, since the next three months is waiting for objections from any interested third party.
- So, if no objections were made within the 3 months indicated above, the application is officially published in the official bulletin, and the registration of the trademark is approved. It takes from one to two months.
In case of refusal to register a trademark, the applicant may file an application for reconsideration of the application within 15 days from the date of receipt of the notice of refusal of registration.
A trademark registered in the People's Republic of China is valid for 10 years after the date of registration. We draw your attention to the fact that the trademark of China does not have a valid force in Hong Kong and Macao, therefore, if necessary, you must register the trademark separately in these administrative regions. The list of documents will be the same.
The cost of registering a trademark in the PRC
The cost is 2,400 yuan for each class of goods.
