China Trademark

China Trademark Registration

 

Currently, the Trademark Office of the China National Intellectual Property Administration (CNIPA) is in charge of China trademark registrations. Previously, the CNIPA was known as the State Intellectual Property Office (SIPO). The duration of a China trademark registration lasts for 10 years, and the duration can be extended within the period of validity. Each extension lasts for an additional 10 years.

According to the China Trademark Law, no products or services that require a registered trademark shall be marketed in China without an application for trademark registration.

Also, the applicant may claim priority on a China trademark application if the trademark was used for the first time on display at an exhibition organized or recognized by the Chinese government.

To apply for a China trademark registration, a foreign applicant (foreign person or foreign business entity) must use a trademark agency established on the basis of China law to represent the applicant on trademark-related matters.

Also, a foreign applicant shall handle trademark matters in the light of any agreement reached between China and the country to which the applicant belongs, or any international treaty of which both countries are members.

Note that, when applying for a China trademark registration, the proposed trademark must not be identical or similar to any marks related to China, the Chinese Government, the Red Cross, the Red Crescent, or similar organizations.

In addition, if the trademark is registered as a color combination or a colored pattern, the black-and-white pattern is required to be submitted with the application.

The China trademark application form must be completed in Chinese. If the original copy is in a foreign language, then it is required to attach the Chinese translation.

 

 

To get started on your patent or trademark application, email us at contact@intrademark.com. To consult a USPTO registered patent and trademark attorney, please visit Minderlaw.com.

 

The video below discusses US trademark registration, but the general concepts also apply to China trademark registration.

 

Information posted or made available on or through this website is subject to the Terms, Conditions, and Disclaimers. The information is intended for general informational purposes only. No user of the website should act or refrain from acting on the basis of the information without seeking legal advice of counsel in the relevant jurisdiction.