Procedure for obtaining a trademark in China

Registration of the trademark in China is possible for a Chinese company as well as for an individual. Foreigners lose the opportunity to pass trademark registration; hence, they need to act through agency structures. To obtain a trademark, please contact our specialists at IT-OFFSHORE.

The concept of a trademark

A trademark is a designation that allows distinguishing between products of different companies. In total, several types of trademarks are distinguished:

• Verbal;
• Combined;
• Sound;
• Three-dimensional.

It is possible to protect color solutions. The sign is developed in several stages. The purpose of product positioning on the market is determined in advance. The main elements of the mark are decided upon. The most suitable sketches are selected and compared, and correction is made if necessary. The selected designation is approved and submitted for registration.

Collection of documents

To register a trademark in China in 2020, the applicant's documentation will be required. A copy of registration of legal entities with the place of registration, copies of passports of individuals and data on places of residence are required.

It is obligatory to translate all the documentation into Chinese and certify copies of the document with signatures and seals. A designation in electronic format is needed. The applicant is required to provide a list of products for which it is necessary to register the trademark.

Stages of obtaining the certificate

In order to avoid similarity with other signs, a preliminary check for identical applications is made. Similarity check is carried out on average 1-2 days in advance.

After that it is possible to submit documentation with the application. Submitted materials are subject to a detailed check. Expertise on formal features is carried out for compliance with conditions. Verification of veracity of data about an applicant, his\her location, sphere of work, etc. is performed. This procedure may take up to 2 months.

After passing the expert examination, the documentation is accepted into the work on the performance of trademark examination. The term of the check is usually about 3 months. In the process of the expert examination compliance with the requirements is established.

If there are no grounds for refusal in registration, a decision to issue a certificate is taken, and relevant information is published. If the application for registration was not contested within 90 days, the fact of registration is approved.