Registration of a trademark on the territory of China

Many businessmen working in China often face the problem of using their own brand or trademark. Moreover, it does not matter whether they are engaged in exporting products produced in China under their own brand or importing them to China.

So often, a Chinese manufacturer, receiving an order from a foreign client for the production of OEM (products under a foreign brand), registers the brand in China in its own name and in the future, in the event of a conflict with the buyer or when the client switches to work with another supplier, begins to demand royalties from him for each unit of production, threatening to block it at Chinese customs when exporting as counterfeit.

The same thing happens when importing products to China: when a new product appears on the domestic market and if it begins to enjoy success, there are many people who want to register a trademark for themselves.
Practice shows that international trademark registration helps only large corporations and world-famous brands in the courts. In the vast majority of cases, registration in China is required.

Trademark registration in China is an extremely bureaucratic procedure, takes place exclusively in Chinese, requires interaction with several different government agencies, and takes more than 1 year.

Documents required to start the trademark registration procedure:

1. Copy of the company registration certificate
2. Company name and address in English and Chinese
3. Signature of the head of the company
4. Printed and digital version of the proposed trademark (6 originals in print, size: 5cm * 5cm and 10cm * 10cm, color: 5 black and white and 1 color)
5. Category of the proposed trademark (10 subcategories can be selected)
6. Brand Description

China is one of the countries that uses the International Classification of Goods and Services in accordance with the Nice Agreement. This is an internationally recognized series of 45 classifications that can be applied to goods and services.

You must submit a separate application for the use of the trademark in each of the categories you have selected. The right to use a trademark in one category does not apply to other categories, and therefore your trademark may be open for use in other categories.

If the trademark consists of foreign words, they must be explained in Chinese. If 3D shapes are used, this should be
clearly, and they should be visually represented in 3 dimensions.

The authorities may require additional documents on a case-by-case basis, for example, if your trademark application fails for some reason.

Trademark registration procedure:

1. Preparation of necessary documents
2. Submission of an application to the SAIC (State Administration of Industry and Trade)
3. The application has been verified by SAIC: – The China Trademark Office confirms that the application has been completed correctly and that the claimed brand does not conflict with the existing brands in the database.
4. SAIC officially approves and registers the trademark-after a three-month review, if no third party has filed an objection to the registration of the trademark.

However, if the application is rejected, you will receive written notification of this fact. You may request an administrative review by the Trademark Review and Arbitration Board (TRAB) within 15 days of receiving this notification letter. It will be possible to appeal by providing TRAB with additional evidence that the trademark should be registered in your name. If TRAB also rejects the application, they will notify you again in writing. You can appeal this decision to the People’s Court of the People’s Republic of China within 30 days of receiving the letter.

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