FAQs on China Trademark Registration

发表时间:2021-04-09 17:13作者:ZF

What is the typical precedure of trademark registration in China?

After a trademark application is filed, it will be examined by China Trademark Office within 5 months on both relative and absolute grounds. A straightforward procedure would be:

  • Within about one month of filing the trademark application, China Trademark Office will issue a Notice on Filing Acceptance;

  • Further to the examination, China Trademark Office may issue a request of amendment or an absolute objection;

  • If no objection is raised, the application will proceed to be published in the PRC Trademark Gazette for opposition. Oppositions may be lodged within 3 months of the

  • publication date by a third party;

  • If no opposition is lodged, the trademark will be registered and China Trademark Office will issue a trademark registration certificate.

How can I renew my trademark in China?

The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years. Trademark renewal request can be filed within one year before the expiration date by paying the renewal fees of CNY500. A grace period of 6 months will be granted if you fail to renew your trademark by the expiration date. However, extra fees of CNY250 will be charged.

I have registered my trademark in China, is it protected in Hong Kong, Taiwan and Macao automacally?

Unfortunately, no. Though Hong Kong, Taiwan and Macao are part of PR China, they have separate legal systems. We could help you register trademarks in Hong Kong, Taiwan and Macao directly.

I have already registered my trademark in Latin words, do I need to register a Chinese version (Chinese characters) for my trademark?

It is not mandatory but strongly recommended. Most famous companies have Chinese version for their brands (耐克 for Nike; 爱马仕 for Hermès). Though you probably use only English trademark in Chinese market, a Chinese version is much more convenient for promotion. In some circumstances, a

Chinese trademark is required.

How long it takes for trademark registration in China?

Currently it takes around 8 months for a smooth case. When trademark application is filed, it will be examined within 5 months. If no objection raised by China Trademark Office,   the application will be published for 3 months. If no opposition raised by any third party, it will be finally registered.

What happens next if my application is rejected?

Based on 2018 China Trademark White Book, success rate of trademark registration in China is lower than 60%. However, our successful rate is higher than 85%.

You will have two options when trademark application is rejected: abandon it, or file an appeal within 15 days upon receipt of rejection notice.

QQ:282 536 8582; 2011 2363
手机/微信:159 0278 0796; 186 2780 1881 联系邮箱:mail@zhifanlaw.com 联系电话:027-8722 9296; 5133 4402 联系地址:武汉市东湖高新区光谷大道70号现代世贸中心i栋13层