How to Register Chinese Trademark: Fees, Applications and Process
What Defines a Trademark in China?
A trademark in China is a distinctive sign that identifies the specific use of a particular good or service, helping consumers differentiate between products or services from different producers. The registrable mark can include a word, device, letter, number, three-dimensional sign, color combination, sound, and the combination thereof.
Furthermore, to be eligible for registration in China, a trademark must meet the following criteria:
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Legality: The mark cannot be identical or similar to the name or flag of a state or international organization, must not discriminate against any nationality, and should not engage in exaggerated or fraudulent advertising.
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Distinctiveness: The mark must be easily distinguishable from those of other producers.
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Non-functionality: The mark cannot describe the nature or model of the good or service itself, and it must not refer to a technical effect that could mislead consumers.
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Availability: The mark must not be already registered, which can be verified using the trademark database by the Trademark Office of China National International Property Administration before submitting your trademark application.
Additionally, beyond regular trademarks, China recognizes collective marks, certification marks, and service marks. For more information about the distinction between these marks, please refer to our other article's
Types of Trademarks section.
Why Register a Chinese Trademark?
Registering a trademark in China is crucial for various reasons, particularly due to its unique trademark system and commercial environment.
First to File Principle & Trademark Squatting
China operates on a "first-to-file" system, where trademark rights are granted to the first person to register the mark, regardless of prior use. This system can lead to "trademark squatting," where individuals register well-known foreign trademarks or brands in bad faith with the intent to sell them back at a premium. Also, Chinese courts often rule in favor of trademark squatters due to the strict interpretation of the "first-to-file" rule. It is crucial to fulfill the brand's registration in China to avoid legal disputes and secure your brand's exclusive identity and rights.
Local Protection Only
Trademark rights and legal protection are only provided within China if the trademark or brand is registered there. China’s system does not recognize trademarks registered overseas. Without a local registration, your trademark has no legal protection against unauthorized use in China, leaving your brand vulnerable to infringement.
Please note that although Hong Kong and Macau are part of China, they have independent trademark offices. Consequently, to secure trademark protection in these regions, separate applications must be submitted to the Hong Kong Intellectual Property Department and the Macau Economic and Technological Development Bureau.
Business Requirements
For companies planning to manufacture, distribute, or sell products in China with local distributors or factories, having a registered trademark is often a prerequisite for legal and commercial activities. It enables businesses to enforce their trademark rights and combat counterfeiting, ensuring their products are recognized and protected in the local market. This is also necessary for most e-commerce platforms, which require a valid trademark registration to sell products online.
For example, according to Chinese regulations, cigarettes, cigars, packaged tobacco, and new tobacco products such as e-cigarettes must use registered trademarks. Products not approved and registered in China are not permitted to be manufactured or sold in the country.
How to Register a Trademark in China: Process
Before diving into the process of a China trademark application, it’s important to understand that there are two filing routes: direct filing via the
China Trademark Office (CTMO) or filing via the WIPO under the
Madrid System, specifying China as the designated country for trademark protection
Filing directly through the CTMO allows you to have better control over the registration process, including the selection of classes and subclasses, as well as specifying the types of products and services covered by your trademark. This helps to avoid procedural mismatches and ensures that your application aligns perfectly with Chinese classification systems.
Furthermore, the approval process for direct CTMO filings is typically faster, taking about 6-9 months compared to the 9-18 months often seen with WIPO filings. This speedier process means you can secure your trademark protection sooner and start enforcing your rights in the Chinese market without unnecessary delays.
Finally, direct filing minimizes the risk of rejections due to procedural issues common in WIPO filings. Since China's trademark system and classification can differ from other countries, direct CTMO filing ensures compliance with local requirements and reduces the chances of administrative errors that could jeopardize your application.
To secure your brand effectively and avoid complications such as trademark squatting or procedural delays, it is strongly recommended to file your China trademark application through
the official directly. This approach not only streamlines the process but also ensures timely and comprehensive protection of your intellectual property in China.
Preparing the Application
The first step in the process is to provide detailed information about the trademark, the goods or services it will represent, and the applicant's details. Here are the key requirements for a trademark application:
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Applicant's Details: Full name, address, and country of the applicant.
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Applicant’s Identification Document: Passport or business certificate of the entity, along with a Chinese translation.
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Representation of Trademark: A clear graphical representation and detailed description of the trademark.
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List of Goods/Services: A comprehensive list of goods and services the trademark will cover.
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Power of Attorney: A simply signed Power of Attorney form is sufficient. A copy should be provided at the time of filing.
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Priority Claim: If claiming priority, a certified copy of the Priority Document and its Chinese translation must be submitted.
Note that foreign applicants who do not have a residency or place of business in China must submit their trademark applications through a registered agent.
Deciding Subclasses
China adopts the Nice Classification System but divides it into subclasses. For example, general footwear and clothes are different subclasses, allowing separate registrations. It's crucial to cover all relevant subclasses in your application. The 2024 version of the Nice Classification (the 12th edition) is in effect, but gaps exist compared to the 11th Edition. Updating specifications to match the latest Chinese classification is essential.
Registering Trademark in Chinese Characters with Proper Translation
Registering your trademark in both its original and Chinese versions is essential for effective brand recognition and protection in China. Roman character trademarks alone do not protect against infringement in Chinese characters, as seen with Ralph Lauren's "三脚马” (San Jiao Ma), meaning a three-legged horse, mishap. Proper translation enhances marketability and aligns with local consumer preferences, like Coca-Cola's successful "可口可乐 (Kěkǒukělè)", meaning tasty and enjoyable, name, which highlights the importance of a culturally appropriate Chinese trademark to maintain brand value and prevent consumer confusion.
Therefore, trademark owners must receive proper guidance when introducing their brands into the Chinese market. Besides the “standard” trademark application with Roman characters, there are 3 approaches commonly used in this field:
Literal Translation: This involves directly translating the brand's meaning into Chinese. For example, Apple Inc. uses “苹果” (Píngguǒ), which means "apple."
Phonetic Translation (Transliteration): This approach creates a Chinese name that sounds similar to the original brand. For instance, McDonald's is 麦当劳 (Màidāngláo), which closely resembles the sound of "McDonald's."
Distinctive Chinese Trademark: This method involves developing a unique Chinese trademark that captures the brand's essence and appeals to the local market with the aforementioned Coca-Cola example. Another great example is BMW’s 宝马 (Bao Ma), meaning a precious horse.
Examination
The trademark application undergoes both formality and substantive examinations before reaching the next stage.
Formality Examination
This examination ensures that the application meets all the required criteria. This stage typically takes 1 to 2 months to complete.
Substantive Examination
During this stage, the official assesses the trademark's distinctiveness, its similarity to existing trademarks, and any potential conflicts with prior rights. This process usually takes 4 to 6 months. If the trademark application complies with the relevant provisions of the Chinese Trademark Law, it is preliminarily approved and published.
Publication and Opposition
After a trademark application passes the examination, it is published in the Trademark Gazette for a three-month opposition period. During this time, any interested party can file an opposition against the application. If no oppositions are filed, or if any oppositions are successfully resolved, the official will issue a registration certificate. This final step of issuing the certificate typically takes an additional one to two months, officially registering the trademark.
Renewal
A trademark in China remains valid for ten years starting from the date of registration. To maintain the trademark's validity, a renewal request must be filed within twelve months before the expiration date. If this deadline is missed, there is a six-month grace period during which the renewal can still be processed with a surcharge. Each renewal extends the trademark's protection for an additional ten years, and there is no limit to the number of times a trademark can be renewed.
How Much is the Fees for Trademark Registration in China?
The basic cost of registering a trademark in China is $50 per class of goods or services, which is approximately CNY 300. This fee covers up to 10 items within the same class. For each additional item beyond the first ten, there is an extra charge of CNY 30 (around $5) per item.
For applications submitted online and opting for electronic documentation, the fee is reduced to CNY 270 for up to 10 items within the same class. Each additional item beyond ten incurs an extra charge of CNY 27 per item.
These fees apply to the government charges for processing and registering trademarks, ensuring that your trademark is protected under Chinese law.
However, businesses often need multiple trademarks to fully protect their brand in China, requiring separate registrations for the business name, product name, logo, and slogan. This approach ensures comprehensive brand protection.
How Long Does it Take to Register a Trademark in China?
Trademark registration in China typically takes 8-12 months for domestic applications without opposition, potentially longer for international filings through WIPO. This timeline assumes no objections or oppositions arise.
The process duration can vary based on application complexity and examination proceedings. WPTO's expertise can help navigate these variables, ensuring a smooth registration process for your intellectual property in the Chinese market.
WPTO - Your Premier Partner for China Trademark Registration
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