Trademark Registration in China
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Trademark Registration in China

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).

Trademark registration procedure in China

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.

Required Documents

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.

Peculiarities of registration of a trademark in the PRC

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.

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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

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Our reviews

Transneft Oil Pipeline Company
We have high internal standards of work and requirements for contractors. We were pleasantly surprised by the quality of work of this organization. They are very scrupulous in their work.
Sunny Circle grocery supermarket chain
Already at the stage of the free trademark blitz they showed themselves to be worthy, everything is clear and competent. It's a pleasure to work with professionals. We were satisfied with the result.
Producer of dairy products "White Bear"
"The specialists at Prof-Patent are highly competent and professional. They are able to solve even the most complicated problem."
Producers of soft drinks and mineral water "Akvadar"
We have been working with Prof-Patent for more than 10 years. Our cooperation totals dozens of projects. "Prof-Patent provides competent legal support at the highest level.
"Pinta" chain of sports bars
"We applied to Prof-Patent for trademark registration in Rospatent. Prof-patent" specialists treated our question extremely carefully and with great dedication. We hope for further fruitful cooperation".
Head of Marketing N.V. Safronova
"The employees of Prof-Patent consider each issue thoroughly and in the shortest possible time. We advise all companies to apply to Prof-Patent for protection of their intellectual rights".
The quality of the guys' work is top-notch. Registration of the TOR went without any problems. They prepared everything quickly and professionally. The work is done on excellent.
We turned to patent attorneys for brand registration. The firm's team was great, they explained the important nuances and helped us avoid a few pitfalls. We were positively impressed after the cooperation. We were attracted by the guarantee of the result under the contract for a refund, they are responsible for their work with their heads.
Construction Concern "VANT"
Prof-Patent specialists prepared all the necessary documents very quickly, and the whole process of registering the TOR went off without a hitch. We have only positive emotions from cooperation with Prof-Patent.
Kvas "Starominskiy"
Trademark registration took place in a very short time, and possible errors would have caused significant problems. But the company "Prof-Patent" completed its work just flawlessly!
All-Russian Film Festival «Bridge_of_Arts»
Horizon radar factory
By the nature of our business we often deal with patenting. "Prof-Patent" is a pleasant example in our practice, when the company solved all our issues on patent registration in the shortest possible time without any problems. We have known the company for decades and have registered several patents through it.
Elis clothing and shoe stores
The firm's staff did an excellent job on the trademark registration project. They are able to offer a non-standard solution to the problem. It was convenient that during the cooperation we communicated directly with the patent specialist, not through the manager. I liked working with them. I recommend them.
Pharmacy Chain "South pharmacy"
I haven't lost sight of these guys for a long time. It's hard to find an organization that does its job without complaints! They easily resolved the issues with Rospatent regarding the trademark intersection of the word "South" with other companies. Current questions are answered on the day of application.
A very serious and responsible approach to business. "Prof-patent" saved our nerves and time. I express my sincere gratitude to all the employees of the company for their true professionalism. These guys are perfectionists in a good way!
Based on previous experience with other companies, I was convinced that the deadline for registration of trademarks is delayed, but I was pleasantly surprised when these guys did everything in time, as stated. I would gladly recommend them to my partners.
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