Register a Trademark in China

A presentation brought to you by LawyersChina.net

Register a trademark in China

1

2

Trademark protection in China

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.

The process can be completed only in the situation in which the respective sign meets certain requirements.

3

What is a trademark? A trademark represents a sign that provides a certain identity to a company or a product, which will differentiate it from the rest of the competitors on the Chinese market.

A trademark is a design, a logo, a sign, written words or a combination amongst these, which will guarantee the uniqueness of the respective brand.

The Chinese legislation acknowledges a wide set of symbols registered as trademarks.

4

Reasons to register a trademark in China >>A trademark is a useful symbol for companies registered in China, as it provides a visual identity in front of the consumers.

The sign (trademark) of the company can be composed of words, letters, numbers, signs or shapes, combinations of colors.

Our team of lawyers in China can provide in-depth details on its broader meaning.

5

>> Reasons to register a trademark in ChinaCompanies in China can also register trademarks for their products or services.

At the same time, they 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 company type that uses it.

6

Trademark registration in China >>If the investors will sell a certain product or service on the local market which is also sold elsewhere, it is necessary to register the respective trademark in China, as the local legislation does not recognize or protect foreign brands.

In order to register a trademark here, the sign should satisfy certain conditions, and our attorneys in China can assist investors with more details.

7

>> Trademark registration in China

Steps for the registration of a trademark:

• It must be legal; • It cannot be identical or similar with other

available signs on the Chinese market;• It should be distinctive.

All trademark registration applications are submitted at the Chinese Trademark Office.

8

Important aspects when registering a trademark

Companies operating in China under a trademark will be protected under the local legislation for a period of 10 years.

The renewal of a trademark will be prolonged for 10 more years.

A trademark in China can be registered in written Chinese, as well as in roman characters.

9

Trademark Law in China

The trademark legislation was recently modified, in order to align with the international requirements for the protection of intellectual property.

The legislation provides more legal grounds for the protection of intellectual property.

China also applies the regulations imposed by the World Intellectual Property Organization (WIPO).

10

Business Consultancy in China Investors can find more details on the trademark legislation applicable here from our law firm in China.

Our attorneys can offer in-depth information in the copyright legislation available in this country, as well as on other legislations referring to employment, foreign investments or on the Commercial Law.

Thank you for your attention!

For more information please contact us at:

(+44)203-287 0408 (for international clients)

office@lawyerschina.net

www.lawyerschina.net 11