China Trademark Application Filling Overview
In 2021, China surpassed the U.S. to become the top jurisdiction in terms of number of patents in force with 3.6 million. China housed 37.2 million active trademarks. The largest number of design registrations in force was also in China with 2.6 million, according to the World Intellectual Property Indicators (WIPI) report 2022 unveiled by the World Intellectual Property Organization (WIPO) on November 21. The report shows that China ranked first in various indicators, reflecting the great needs of China trademark over the world and the importance of China trademark for international businesses in China.
Reason of Filing for Your Trademark
● China operates on a first-to-file basis, which means that whoever registers their trademark first will have the rights to it. This can be problematic if someone beats you to the punch and registers your trademark first. To avoid this situation, it is important to register your trademark in China as soon as possible.
● Since China only acknowledges trademarks registered within its own jurisdiction, this is a key legal step for foreign companies. If the brand is well-established, it will most likely encounter trademark squatters, counterfeiters, or grey market suppliers.
● Registering your trademark is important because it gives you legal protection for your brand. This means that you can take action against anyone who uses your trademark without permission. It also makes it easier to sell or license your business as a whole.
● Companies that take the risk of operating in China without a registered trademark in the region can easily lose their infringement claims, irrespective of whether they legitimately sell goods in other countries under that brand or even if they manufacture in China to sell elsewhere.
● Companies could pursue infringement cliaims when some products whic is similar to your products are selled and manufactured in China so that to protects businesses from grey market suppliers and knock-off sellers online and enables the seizure of copycat goods by Chinese customs.
● Design and advice the name of trademark;
● Check the trademark in the trademark system and apply for it;
● Assigement & renewal for the trademark ;
● Office action response;
● response to a non-use cancellation notification;
● Authorization & assignment;
● Trademark license filing;
● Customs filing;
● Worlwide patent filing.
Contents of Services
● Perform a check to see if the trademark is available by conducting a pre-filing China trademark search
● Confirmation of availability
● Prepare relevant papers and documentation required.
● Submission of trademark registration application forms
● Official examination of register
● Publication in Government Gazette (if Trademark is Accepted)
● Issuance of Certification of Registration (if no objections were received)
● It is conducive to expanding overseas markets, expanding the international influence of the brand and building an international brand;
● It helps to achieve self-protection of enterprises and avoid malicious trademark snatching;
to avoid infringement of the rights and interests of others, etc. In summary, advance trademark application and search can avoid the risk of unnecessary disputes and facilitate export protection.