(Source: https://pltfrm.com.cn)
Registering a trademark or intellectual property (IP) in China as a foreign company involves a specific process, which is crucial to protect your rights in the Chinese market. Here’s a step-by-step guide to the process:
- Conduct a Trademark Search:
- Before applying, conduct a comprehensive search in the China National Intellectual Property Administration (CNIPA) database to ensure that your trademark is not already registered or too similar to an existing one.
- Prepare Required Documentation:
- Prepare the necessary documentation, which typically includes:
- A clear representation of the trademark.
- Identification of the classes and description of goods or services to be covered by the trademark (China uses the Nice Classification system).
- The applicant’s information (name, address, etc.).
- A power of attorney if an agent is used for the application.
- Proof of priority rights (if claiming priority from an earlier filed application in another country).
- Prepare the necessary documentation, which typically includes:
- Use a Registered Trademark Agent (Recommended):
- Foreign companies are generally required to file trademark applications through a registered Chinese trademark agent.
- Submit the Application to CNIPA:
- The trademark agent will submit your application to CNIPA. This can be done electronically or through paper submission.
- Application Review by CNIPA:
- CNIPA will review the application for formalities and then conduct a substantive examination to ensure no conflict with prior rights and compliance with Chinese trademark law.
- Publication and Opposition Period:
- If the application passes examination, the trademark will be published in the official gazette for a 3-month opposition period, during which others can challenge the registration.
- Registration and Certificate Issuance:
- If there is no opposition or the opposition is unsuccessful, the CNIPA will register the trademark and issue a registration certificate.
- Protection Duration and Renewal:
- In China, a trademark registration is valid for 10 years from the date of registration. It can be renewed every 10 years.
- IP Enforcement:
- Once registered, it’s important to monitor and enforce your trademark rights. This may involve legal actions against infringement, which requires working with local legal experts.
- Consider Additional IP Protections:
- Depending on your business, consider protecting other intellectual property in China, such as patents or copyrights, which have different registration processes.
- Stay Informed about Changes in IP Law:
- Chinese IP laws and practices are evolving. Stay updated on changes that might affect your trademark rights.
- Seek Professional Advice:
- Given the complexities of IP law in China, it’s advisable to seek guidance from IP lawyers or professional trademark agents who have experience with the Chinese IP system.
It’s crucial to act promptly when registering a trademark in China, as it operates on a “first-to-file” system, meaning the first person to register the trademark has the rights to it, regardless of prior use elsewhere. Additionally, the process can be time-consuming, often taking over a year, so factor this into your planning.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries exports in China account for 97% of the total exports in Asia. Contact us and we will help you find the best China e-commerce platform for you. Search pltfrm for a free consultation!
