China is a long-time partner, neighbor, and ally of Russia. It is a great place to start a business, expand its influence, and increase brand awareness. But, as everywhere else, in the People's Republic of China businessmen are able not only to copy a brand, sometimes to produce a better quality product, but also to register the brand in their own name, if its actual creator has not done so.
Trademark protection rights in the People's Republic of China arise only after they have been registered with the State Intellectual Property Office of the People's Republic of China (SNIPA).
Stage 1. Verification of the possibility of registering a brand. In order to make sure that the proposed designation does not violate anyone's rights, complies with the standards accepted in this country, the mark undergoes a comprehensive check using the office databases and various open sources. Such procedure helps to avoid unnecessary costs in case the application is filed, but is rejected for the mentioned reasons.
Stage 2. Filing. An application is submitted to SNIPA to start the registration process.
Non-resident individuals and companies are required by law to apply to trademark agencies approved under national law.
In 2014, China changed its trademark registration law. It became possible to file a single application for several classes of products.
Stage 3: Examination of the applied-for mark. During this period, the trademark is examined for compliance with the standards set out in the Trademark Law of the People's Republic of China - checking uniqueness and admissibility. The examination lasts an average of nine months.
Stage 4. Publication of the trademark. The mark is published in a designated public bulletin. Such bulletins are monitored by the patent attorneys and the lawyers of the companies who have registered their brands with them earlier for possible infringement of their clients' rights by the published trademark.
Stage 5. Acceptance and Review of Objections. If a person (it does not have to be the right holder) claims that the published trademark resembles or exactly reproduces an existing brand, or if it otherwise violates registration laws (e.g., is a well-known geographical name), that person may appeal to the registration authority with an opposition. The law gives a period of three months to file an opposition. Since 2014, however, the appellant is required to first certify that the brand in question is non-unique or improper.
Stage 6. Issuance of certificate. At this stage the certificate of registration of trademark in China is issued, if the previous stages are successfully passed. The certificate is valid for 10 years.
The following can be registered as a trademark: sound trademark, three-dimensional, collective or certification marks. See Article 13 of the Regulations on the Application of the Trademark Law of the People's Republic of China for the specifics of the documents to be submitted for their registration, as well as a detailed list of options.
The period of trademark registration from the beginning of the procedure to its completion takes about 2 years. The period of validity lasts exactly 10 years. After that, through simple legal procedures, if the right holder wishes, the term can be extended for another 10 years.
There is a "principle of priority": if two or more applications for registration of similar or identical trademarks for representation of similar types of goods are filed by different applicants, the applicant who was the first to file an application with the office will be given priority for registration. If applications for identical trademarks are received on the same day, preference will definitely be given to the application which was delivered to the Office earlier. The remaining applications will not be considered.
In the PRC, there are territorial exceptions to brand protection. These are Hong Kong, Macau and Taiwan. There, a separate registration is required for any trademark. In Hong Kong, it is made by a new application to the Hong Kong SAR's Trademark Registry, or an international application for trademark registration with extension of legal protection in the territory of Hong Kong is submitted. This is done in the state of origin of the brand. The period to which registration in the area is limited is within 1.5 years.
|Регистрация товарного знака||25 600руб.|
* Paid in 5-7 days based on the results of the search
** Payable in approximately 6-12 months after a positive decision on registration
*** Fees include a 30% discount for the executor
In Chinese national offices
Under the Madrid system