Trademark registration in China protects your company’s name, symbol, or logo against copying by other businesses. A trademark creates an exclusive right to use the marks owned by the registered proprietor. The protection afforded to trademarks is important because it allows businesses to distinguish their goods and services from competitors.
If you plan to start or expand a business in China, you should know trademark registration requirements. This tremendous population growth has increased the demand for goods and services and created opportunities for businesses of all types. The country has also recently enacted some strict intellectual property laws, which could hinder your business if you are not prepared.
What are the guidelines to take care of before applying for trademark registration?
When registering a trademark in China, you must comply with specific regulations. These regulations vary depending on the type of business you are setting up, but here are five key points to keep in mind:
- Do your research: Make sure to understand all the requirements associated with trademark registration before moving forward.
- File for a Trademark: There are two main ways to obtain a trademark in China: through litigation or by filing an application at the Office for Prioritizing Industrials Patent Affairs (OPI).
- Protect Your mark: Registered trademarks must be protected from infringement by others. You can file a lawsuit or use IP enforcement tools such as cease and desist letters.
- Keep your mark alive: Many trademark protections lapse after 10 years, so updating your registration annually or more often if necessary is important.
- Be cautious about Geographic indications: When registering a geographic indication (GI), comply with specific rules and regulations the Chinese government sets. Failure to do so may result in the rejection of your application.
What documents are required?
A trademark application in China must include the following to obtain the date of filing:
- A representation of the trademark;
- A list of the goods and services;
- The claimant’s information;
A business certificate or passport of an entity, the claimant’s identification document, and a Chinese translation of the document.
Within six months after obtaining the application materials for trademark registration, a trademark application is subject to formal assessment and substantive inspection on absolute and relative grounds. The trademark application is preliminarily approved and published if it complies with the pertinent provisions of the Chinese Trademark Law. Any interested person may submit an opposition against a Chinese trademark application within three months of the publication date.
Conclusion
Trademark registration in China proves an effective means of protecting a business’s intellectual property rights in China. By registering a trademark in China, you will establish legal proof that your intellectual property rights are valid and protect your brand name from any unauthorized use.
We hope this article enlightens you about the need and specifications for trademark registration in China. We, the Brealant, the fastest growing law firm available, provide you with assistance and guidance in acquiring rights on business. For further information, visit our website and discuss all your intellectual property-related questions with our experts.