1.    When should you prepare to file your trademark in China?

China uses the “first-to-file” system, meaning that you may lose legal protection if a similar mark has already been registered. A trademark only is protected in China once the registration has been completed. Therefore, it is important to register it as early as possible before anyone else does. We would strongly advise you to file your trademark in China at least one year before you enter the market.

2.    Trademark:

The trademarks in China can be composed of words, devices, letters, numbers, three-dimension signs, combinations of colors, sounds, and also can be any combinations of words, devices, letters, numbers, colors.

3.    Who can be a trademark applicant?

Both a foreign individual and a foreign entity can be trademark applicants in China. You may choose to apply for the trademark in the name of yourself or your company.

Foreign applicants without residency or place of business in China are required to file trademark applications through a Chinese agent.

4.    Cost for filing a trademark:

For filing one trademark in ONE category with the designated goods/services within ten items, the China Trademark Office’s fee is US$ 48 (CNY 300); The China Trademark Office will charge an extra US$ 4.5 for each product item exceeding 10 items of products/services.

5.    Why a Search:

Because of the “first-to-file” system, any prior identical or similar registrations or applications that designate any items of goods/services in the same subclasses could be barriers to your application.

6.    Documents required for trademark filing:

-    Power of Attorneysigned by the applicant;

-    A copy of theCertificate of Incorporationif Applicant is a company, or a copy of the passport information page if Applicant is an individual;

-    Chinese translation of company name and addressin Chinese;

-    The trademark to be filed in jpg format, Minimum acceptable dimensions are 1000×1000 pixels; Ifthe color of the trademarkis claimed, digital images both in color and in black and white are required.

-List of goods or services according to Nice International Classification (seehttps://www.wipo.int/classifications/nice/en/).

7.    Claiming Color:

China Trademark grants protection over the trademark exactly as it is registered. If you register a trademark with a specific color or combination of colors, you will not be able to use the trademark as registered if you modify the trademarks in any way. Claiming color limits the use or protection in the future.

Still, some clients choose to claim color when their trademark is not distinctive enough, such as simple geometric figures, letters, short words, etc. The applicant use color to add distinctiveness. Also, some clients are very certain their colored mark will be used in promotion or production exactly as it is.

8.    Nice Classification:

China adopts Nice Classification, which divides goods and services into 45 categories for convenience of application. China further divides these classes into subclasses. Goods and services in the same subclass are often treated as identical or similar. It is important when registering a trademark that registration covers products and services in each of the subclasses containing goods and services that may be relevant to your business.

Applicants choose what they are producing or having the plan to produce in near future, at most 10 items of goods in each category for each trademark.China will charge an extra US$ 4.5 for each product item beyond 10. Applicants may designate as many goods as they want in each category.

9.    Timeline:

Within a month after the filing, the Office will issue a formal notice confirming the receipt of the application. Now A smooth registration takes 9-12 months, each procedure takes:

-    Formality examination (around 1 month);

-    Substantive examination (around 4-9 months);

-    Publication for opposition (3 months);

-    Registration and issue of the certificate of registration.

10. Renewal:

A China trademark is valid for 10 years and can be prolonged for subsequent 10-year protection periods. The renewal should be applied within 12 months before the expiration date.  A grace period of 6 months may be granted. If no application is filed before the grace period expires, the registered trademark will be canceled.