Overview of China Trademark registration

As with many trademark systems worldwide, registering a trademark in China hinges on whether the China Trademark Office (CTMO) deems your mark distinctive and not confusingly similar to existing trademarks. Given the crowded nature of the Chinese register, it's common to face objections from the CTMO. Currently, the rejection rate for registrations is close to 50%. If you do receive objections, addressing them will require both time and financial resources.

General options for overcoming citations

For trademark registration, barriers may arise not just from identical prior marks but also from those deemed highly similar by Chinese standards, which may differ from native English perspectives. If your application is rejected due to prior identical or similar marks, you can typically address this by 1) filing an appeal to argue the differences between the marks, 2) seeking cancellation of the prior marks based on non-use, where applicable, or/and 3) awaiting the outcome of the pending citation.

Can I use a trademark in China without registration?

It depends. Trademarks that could have negative social impacts are not permitted. Otherwise, they can be used. However, without registration, you risk infringement or the preemptive registration of your mark by others acting in bad faith, which could jeopardize your trademark usage. Therefore, we strongly recommend registering your trademark in China for long-term protection.

What is the difference between TM and ® in China?

TM signifies that you are using the mark as a trademark. A TM may or may not be registered and does not guarantee protection under trademark law if not registered.® indicates that the mark is registered and is protected under trademark law.

Is it mandatory to conduct a clearance search before filing an application in China?

No, it is not mandatory. However, in China, the rejection rate is close to 50%, making it challenging to secure straightforward registration due to the crowded registry and stringent trademark registrability criteria. Therefore, before deciding to use a mark in China, it is advisable to conduct a clearance search. This helps assess the likelihood of successful registration and the risk of infringement when using the mark without registration.

What is the timeline for trademark registration in China?

For a straightforward registration, the process typically takes around 8 months from the date of application filing.

What if my application is rejected in China?

The outcome depends on the grounds for rejection. While some grounds are challenging to overcome, others may be addressed with alternative strategies. Professional guidance is essential in navigating this situation.

How to maintain a trademark registration?

A trademark registration in China is initially valid for 10 years and can be renewed for successive 10-year periods thereafter. However, after three years of registration, it becomes vulnerable to cancellation due to non-use. If a third party files for cancellation based on non-use, you must provide evidence demonstrating the use of the mark in China to defend against cancellation.

We manufacture products exclusively in China and do not conduct sales within the country. If we receive a non-use cancellation notice, what steps should we take?

The documentation related to your manufacturing activities in China could serve as defence against the non-use cancellation.

Is trademark consent/trademark co-existence acceptable in China?

Under current practice, trademark consent or co-existence is generally not accepted for junior trademark registrations.

My IR mark received a Provisional Refusal in China. How do I calculate the deadline to respond to the Provisional Refusal?

Add 30 days to the “Date of notification by WIPO to the holder” as indicated in the WIPO cover letter.

The WIPO grants registration for my IR mark. Does this mean the mark is registered in China?

No, China conducts its own examination of IR marks, which typically takes 12-18 months. If China does not issue a refusal within this timeframe, the IR mark may be considered registered in China. However, you must apply for a registration certificate because China does not issue them automatically for IR marks.

Can a trademark registration in China be used in Taiwan, Hong Kong, and Macau?

No, Mainland China, Taiwan, Hong Kong, and Macau are separate jurisdictions. You must apply for trademark registration in each jurisdiction individually. We can also assist you with the filings if necessary.

Chinese translation/transliteration mark

While many Western brands use Latin marks to market their products, Chinese consumers find it easier to pronounce and recognize marks in Chinese. Therefore, having a Chinese version of your mark can significantly aid in expanding into the Chinese market.Without a Chinese version of your mark, local consumers and media are likely to create their own "nickname" for your brand. This nickname may not align with your brand image and can be challenging to change once established. If you don't file for trademarks for the Chinese version or the market-created nickname, there's a risk that trademark squatters may preemptively register it. Recovering a mark from squatters can be costly and difficult. To mitigate this risk, consider creating and registering Chinese character trademarks to control how your brand is perceived in China.

How do I search for a trademark in China?

For applicants who do not speak Chinese, we recommend against conducting your own trademark search, as the CNIPA's online search system can be challenging to navigate and most information is displayed in Chinese rather than English. However, if you wish to attempt it yourself, you can view the video on how to create an account and perform a search.