How to apply a trademark in China?
- Jun Ma
- Oct 30, 2020
- 2 min read
Ma Jun, Chinese trademark lawyer
WhatsApp/Wechat/Mobile: +8618922206544
Price for application: 250 USD per class only, search and consulting for free, we charge only when you decide to file.
It will not be a surprise that a lot of business people want to protect their trademark in China. But how? Here are some key points worth noting:
(1) China gives national treatment to foreigner, namely you can apply as you do in your own country in China. You can easily apply a trademark with your business registration or your passport. You will need to provide a brief translation, which I will help you, usually I charge nothing for the brief translation.
(2) You will have to work with a trademark agent/lawyer to apply a trademark in China as per Article 18 of Chinese trademark law (check the English version of Chinese trademark law here). Thus if you find any agent or company in your own country, they will have to work with a Chinese agent again, and your cost will go up. And if you will have to work with an agent, why don’t you just go for the agent at the beginning? Especially someone like me who provides free consulting and search.
The best way to check whether an agent is a real agent is to find the name on CTMO’s official page and search the name of the agent, you can let the agent to show its registration and prior cases on the official site to secure your own interests. Like I am authorized to do business here:
(3) China applies the first to file system, namely who files first will get the trademark. So if you work with your partner in China, you will always need to keep in mind your partner may “legally” register your trademark. The worst case – you may be taken to court by a third party who has register your trademark in China or your products may be detained in the custom – and maybe you have heard the IPAD case, Apple finally paid 60 million USD for the IPAD trademark in China.
(4) There are already 20 million registered trademarks in China. So a thorough search will help you avoid potential rejection – or make a good strategy against the potential rejection. I provide free search.
(5) It takes totally 9 months to finish the whole registration procedure in a smooth case. Therefore early application will help a lot.
Contact me: majun@100ybf.com
WhatsApp/Wechat/Mobile: +8618922206544
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