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I will search and register trademark in china
Trademark search registration and protection in China
Mandy Liu, the founder of TMLIX IP, boasts nearly 20 years of expertise in trademark prosecution and protection, along with deep knowledge in related IP areas such as copyright, domain names, Customs ...
About this Gig
Required information/documents for filing a trademark application
- The applicant's name and address
- The trademark and goods/services
- Certificate of Incorporation or Passport
- Power of Attorney (we will prepare it)
Why search?
In China, the trademark registration rejection rate is close to 50%, making it challenging to secure straightforward registration due to the crowded registry and stringent trademark registrability criteria. Therefore, before deciding to use a mark in China, it is advisable to conduct a clearance search.
What if my application is rejected?
In trademark registration, obstacles can stem not only from identical or similar prior marks but also from absolute grounds. If your application is rejected, I will assess the likelihood of successfully overcoming these objections.
For a quicker response, please share your email address or reach out to me at mandy.liu@tmlix.com.
Search scope:
Domestic
Search type:
Trademark
Target country:
China
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
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FAQ
Is it mandatory to conduct a clearance search before filing an application in China?
No, it is not mandatory. However, in China, the rejection rate is close to 50%, making it challenging to secure smooth registration due to the crowded registry and stringent trademark registrability criteria. Therefore, before deciding to use a mark, it is advisable to conduct a search.
Can I use a trademark in China without registration?
It depends. Trademarks that could have negative social impacts are not permitted. Otherwise, they can be used. However, without registration, you risk infringement or the preemptive registration of your mark by others acting in bad faith, which could jeopardize your trademark usage.
Overview of China Trademark registration
Registering a trademark in China depends on the Trademark Office finding your mark distinctive and not confusingly similar to existing ones. Due to the crowded Chinese register, objections are common, with nearly a 50% rejection rate. Addressing any objections can be time-consuming and costly.
What is the timeline for trademark registration in China?
For a smooth registration, the process typically takes around 8 months from the date of application filing.
The WIPO grants registration for my IR mark. Does this mean the mark is registered in China?
No, China conducts its own examination of IR marks, which typically takes 12-18 months. If China does not issue a refusal within this timeframe, the IR mark may be considered registered in China. However, you must apply for a registration certificate because China does not issue them automatically.
Can a trademark registration in China be used in Taiwan, Hong Kong, and Macau?
No, Mainland China, Taiwan, Hong Kong, and Macau are separate jurisdictions. You must apply for trademark registration in each jurisdiction individually. We can also assist you with the filings if necessary.
How many items I can claim in one application?
Unlimited. But the basic official fee only covers 10 items. For each extra item, there will be an additional official fee.
