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China Trademark

Examination period
9 – 12 months

Substantive examination
Yes

Protection term
10 years

Filing fee
USD 330^!

Opposition before grant
3 months

Renewal period
12 months

Procedure

Filing
Application is filed

1 month

Filing receipt issued
Application is in good order

6 months

Substantive Examination
If allowed, the application will proceed to publication for opposition
If refused, a Request for Re-examination can be filed within 15 days to appeal the decision

2 months

Registration
If no opposition is filed, a Certificate is issued

* The time frame shown above indicates average processing time of the CNIPA, it can be varied from the actual situation due to the content of application.

Key Facts

Application via Madrid Protocol

Yes, China is a member of the Madrid Union; hence, a trademark can be applied for protection through Madrid Protocol.

Registrable types of trademark

Words, devices, letters of an alphabet, numerals, three-dimensional signs, combination of colors, sounds or any combination thereof

Limitation on numbers of items

Up to 10 items of designated goods/services, additional fee will be applied on each excess item

International Priority Claim

Priority can be claimed based on application first filed in any countries which is a member of Paris Convention/World Trade Organization (WTO) and other treaties where China is also a member of within 6 months from the filing date of said application.

Exhibition Priority Claim

Priority can be claimed based on a trademark displayed at an international exhibition which was held or officially recognized by the Chinese Government within 6 months from the first day of said exhibition, provided that the goods or services such trademark relates in the exhibition is consistent with the intend-to-file application.

Invalidation

Any third party can file an invalidation against a trademark registration within 5 years from the date of registration of the trademark, on the basis that such registration imposes the party’s right and benefits and is an unjust grant which against the Trademark Act.

Cancellation (revocation)

Any third party can file a cancellation to revoke a registered trademark based on the ground of non-use of the trademark for a consecutive period of 3 years.

Useful Links

China National Intellectual Property Administration (CNIPA)
China Trademark Search Database

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FAQ

What do I need to file a trademark application in China?

Following documents are required for filing an application in China:

Executed Power of Attorney (color scanned copy is sufficient)
Copy of Business Registration Certificate (if applicant is an organization) or Passport copy (if applicant is an individual)
Name and address of the applicant
An image file of the mark (in jpg, png or pdf format)
International classification and specification of designated goods/services
Certified copy of priority application (electronic copy will suffice), if priority is claimed

Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.

Do you conduct a prior search before filing a trademark application?

Yes, we will perform a prior search for our client to ensure the availability of an intend-to-file trademark and this is a complimentary service.
If a detailed analysis on trademark availability and risk is required, it can be provided with charge.

How long does it take for a trademark application to be granted?

If no objections/rejections are raised to a trademark application, it usually takes 9–12 months to be registered.

Can I include a goods/services item that is not specified in the International Classification in my application?

Theoretically yes, however, there is a high possibility that such item can be objected or requested to be amended. As the China National Intellectual Property Administration (CNIPA) indeed has its own classification developed from the International Classification, it is wise to entrust local professional to ensure the specification of goods/services is acceptable and accord with local practice so that the application will not be objected in the formality examination.

We will always assist our client to check the specification of goods/services to assure it accord with local practice and this is one of our bonus services!

Does the China National Intellectual Property Administration (CNIPA) accept filing in multiple classes?

Yes, the CNIPA accepts multi-class application, in which a trademark can be filed as an application designating multiple classes. Please however note that, filing fee, registration fee and renewal fees are still charged at a class-by-class basis.

What are the advantages of filing a multi-class application?

Multi-class application is comparably cost and time saving as it reduces overall processing time for examination and fees for some post-registration procedures, such as recordation of change, assignment, license or pledge.
However, there is a possibility where cost spent on such application is increased. Specifically, a fee for dividing the application by class may be needed when one of the class in a multi-class application is rejected while the other classes are allowed.

Multi-class application simplifies the procedures but can be troublesome under some circumstances, hence it is important to use the right tool for the right job. Being a professional and experienced practitioner, Champion IP will always consider your demand and tailor the best filing strategy for you.

How long can a trademark protection last?

A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely within 12 months before the expiry date of the current period of registration.

Do I need a trademark attorney to file my application?

Yes. For foreign applicant, it is mandatory to designate a qualified trademark attorney to file trademark applications.