Trademark Registration and Administration in China

The system of trademark law in mainland China is administered by the Trade Mark Office (with an appeal function adminstered by the Trademark Review and Adjudication Board and the courts). The two principle pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.

Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below).

Amendments to the PRC'S trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).

China Trademark Registration Body

Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China (http://sbj.saic.gov.cn/english/index_e.asp) .

Step by Step Guideline to Register a Trademark in China

Conduct pre-filing searchwith the China Trade Mark Office (CTMO) --> Confirmation of availability (by way of search reports by kaizen --> Sumission of trademark registration application forms --> Official examination of registrability --> (if accepted) Publication in Government Gazette --> (if no objections received) Issuance of Certification of Registration.

China Trade Mark Pre-filing Search

Trademark without/ with(No official opinion given)

Pre-filing search includes:
(1) Per class code
(2) Search results returned back by fax or email in 3 working days
(3) Covers Direct Hits and Close Matches in English and Chinese

Required Documents & Services

1. A simple power of attorney executed by the applicant, no notarisation is required.
2. Fifteen prints of the trademark (not required for word marks). A trademark print should not exceed 10x10 centimeters. Four black and white prints as well as fifteen color prints are required when a trademark is in color.
3. One copy of certificate issued by competent authorities authorizing manufacture in the home country in the case of a trademark covering pharmaceutical products for human use. A certificate of the Chamber of Commerce of the home country is sufficient.
4. A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application.
5. A Chinese translation of the applicant's name should be provided where available especially where the name of the applicant incorporates its trademark (e.g. "Kodak") for which a Chinese translation already exists.

-- Translation of foreign terms is required
-- Power of Attorney form is required for international customers
-- No legalization or notarization is required
-- No Samples Required

Time Scale

Currently it is taking approximately 24-36 months to get a trademark in China.