How to Obtain Trademark Registration in China? – An Overview

If you are planning to do a business or export your products overseas, then you have done the basic preparations, like Trademark Registration. Trademark Registration should be the 1^st step an exporter should take. Without a Trademark, you cannot sell or distribute your products/goods overseas and they won’t be safeguarded from business identity theft. Unbeknown to most exporters, China is the first to file nation in Trademark Registration. If other people use your products, ideas and obtain Trademark Registration in China, they will get exclusive rights to your product.

Additionally, there are several factors you should consider about Trademark Registration in China, comprising the process, fees, importance of Trademark, and many more. Scroll down to check more details regarding Trademark Registration in China.

Why is it necessary to obtain Trademark Registration in China?

The 1^st country you must file your Trademark in is China, and other people who filed it first will have access to the rights for selling & distributing the product or good. That is why registering a Trademark is vital. Remember, even if you are the good or product creator, all your work will be useless if others secure a Trademark before you. You can’t sell your product in China via a local distributor as well if your products have not been registered yet. This means the work of the actual or original creator is still valued.

Procedure for Trademark Registration in China

The complete procedure for Trademark Registration in China takes more time than you expect. Below are the steps you need to do when you apply for a Trademark Registration in China:

1. The 1st thing you need to do is conduct Trademark Search and verify if the Trademark or brand name you are applying for is already registered or not. If it is, then you will face a big problem. It may be due to Trademark Squatters who registered your products or goods to profit from them.
2. After that, fill up the Trademark application form and submit it with other vital documents, like Power of Attorney, copies of certificates, special certificates, instruction letters, and priority documents. You will submit these to SAIC or State Administration for Industry and Commerce^[1], which processes & handles all the submitted papers.
3. Once you submit your documents to SAIC, they will examine your application and notify you whether extra documents are required.
4. If you pass the review, you will need to wait for 12 months to complete the starting registration process.
5. After the previous step, you will wait for another 2 months for the consent and issuance of the Trademark Registration Certificate.

As you can see the procedure for Trademark Registration in China may take over a year. Hence, it would be best to finish the process before entering the Chinese market.

Cost for Trademark Registration in China

The usual fees you need to pay for Trademark Registration in China are as follows:

• The initial verification of Trademark may cost you around 120 US Dollars;
• The Trademark Registration fee and lawyer’s fee may cost around 1000 US Dollars;
• Additional Government processing may cost you around 100 US Dollars.

Validity of Trademark Registration in China

Both national and international Trademarks are valid for ten years. However, you need to apply for six months renewal before the date of expiration to extend the Trademark for another ten years. Moreover, you must use the registered good and keep it circulated within 3 years, or else you will lose your Trademark.

Failure to renew the Trademark within time would mean the cancellation of your Trademark. Unluckily, there are cases of forgotten validity dates. Due to this, the owner of the Trademark will have to file again from the starting, which is more expensive than the Renewal of Trademark. To prevent this, ensure to file for renewal application 6 months in advance and always check the validity date of your product.

Conclusion

Many exporters don’t know the significance of applying for Trademark Registration in China. Failure to register a brand name or Trademark on time may result in someone else doing it instead, so they have full rights & authority over your product. They can distribute & sell it across the country and the potential income may be gone in an instant.

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