In order to protect a trademark from competitors, a company owner must register it at the Chinese Trademark Office. The registration offers exclusive rights to a particular trademark in China, but the process can only be completed if the trademark that is submitted for protection observes some general rules.
Our Chinese lawyers can help you make sure that your chosen trademark is eligible for registration and follow the necessary steps for trademark registration in China.
Reasons to register a trademark in China
A trademark is a sign that helps identify one company from another. This is especially important for companies that want to establish themselves on the market and need to be distinguishable in the eye of their consumers. The sign (trademark) of the company can be composed of words, letters, numbers, signs or shapes, combinations of colors or any combinations of a number of elements as those described above. Companies can also register sounds as a specific trademark for a product or service they offer.
A trademark can be registered in China regardless of the type of company that uses it. It is advisable to register a brand name in China because the country does not automatically recognize a brand name registered in another country. China has a Trademark Law and our Chinese attorneys can help you understand the principles of the law and the submission process.
We invite businessmen to watch a short presentation referring to trademarks in China:
Trademark registration steps
The conditions that a trademark has to fulfill in order to be registered in China are the following:
-the trademark must be legal: it cannot be identical or similar to international organizations, it cannot discriminate or have fraudulent advertising;
-should be distinctive;
-must not be functional - a rule for 3D shapes;
-must be available.
All trademark registration applications are submitted at the Chinese Trademark Office. The official trademark database is also available online. Once registered, a trademark has a validity period of ten years and it can be renewed afterwards for another ten years.
Foreign investors in China are advised to register the trademark in written Chinese as well as in roman characters to allow for a better protection in China.
Our Chinese law firm can help you with further information about issues like trademark infringements or the renewal of trademarks. Please contact our Chinese law firm for more details and assistance for registering a trademark in China.
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