Conpak CPA Limited > Trademark Registration > China Trademark Registration

China Trademark Registration

With unlimited potential in its huge market, China provides enough opportunities for developing different projects in all industries. Currently, the number of investors come to China to develop and expand their businesses is increasing. By registering trademarks in China, company's products or services are protected by China laws and its China brands could be established.

Enterprises can receive the following benefits by registering a trademark in China:

  • Company's products or services in China will be protected by local laws with exclusive ownership of trademarks
  • Trademark registration helps enterprises to avoid infringement in China and prevent unnecessary loss.
  • Trademark registration is beneficial for enterprises to improve competitiveness and enhance influence of products while taking up the local market.
  • Trademarks are important intangible assets for enterprises and can be transferred, inherited or used for property investment, mortgages, etc.

Required Documents

  • Company details
  • Alist of products or services
  • Graphic design of the trademark (should be clear and in compliance with regulations)

Procedure

  • Trademark search
  • Entrust agency for trademark registration
  • Trademark registry issues acceptance of application
  • Announcement of trademark
  • Approval of trademark

Validity

The registration date of the trademark should be dated back to the date on which the registration application is submitted. If the registered trademark is needed for use after it is expired, an application for renewal of registration shall be made within six months before the expiry date. A six-month grace period will be given to the person who fails to apply within that period. If no application is filed before the grace period expires, the registered trademark will be cancelled. The renewal of each registration will be valid for ten years, and an announcement for renewal of the approved registration will be issued.

The Design Requirements

The following items should not be used as trademarks

  • Identical or similar names of national flags, national emblems, military flags or medals from China; same as those identical names of specific sites or the names and designs of the symbolic buildings at the places where the central government agencies are located.
  • Identical or similar names related to national flags, national emblems or military flags of any foreign country, unless they have the consent of the government of that country
  • Identical or similar names related to flags or emblems of any inter-governmental, international organization, unless they have the consent of that organization and those are unlikely to mislead the public
  • Marks that are identical with or similar to the official marks or inspection marks indicating the control or guarantee, except with authorization
  • Identical with or similar to the name or symbol of the Red Cross or the Red Crescent
  • Those having the nature of discrimination against any nationality
  • Those constituting exaggerated or deceitful advertising
  • Those detrimental to socialism, morality or customs, or even having other harmful influences
  • Names of place where the administrative districts at the level of county or above, or foreign names of places known by the public; provided that the names of place do not have other meanings or are not integral parts of a collective mark or certification mark. A trademark that has already been registered with the names of a place shall remain valid.

The following marks should not be used as trademarks for registration

  • Commodities only indicate the generic name, graphic or models
  • Marks only indicates the quality, main material, function, application, weight, quantity or other characteristics of products
  • Without significant characteristic(s)

In addition, those with three-dimensional marks from the natural shape of commodities, those with a required product shape to obtain a technical result or substantially valuable should not be used for registration