Trademark Registration in China - Important Points to Look Out For

Posted by goldmillennium on March 14th, 2013

Registering a trade mark allows companies to leverage its brands and prevents other companies from using a similar logo or symbol to confuse customers. It does take considerable time and efforts to register a trademark in China, but it would be wise to do so to avoid problems if any, in the future. Exporting to China without registration will leave the brand unshielded and open to a substantial risk.

Why is it important to register trademarks in China?

If there are good business prospects available in China and the company wishes to stay in the market for a good period of time then it’s vital that the trademark is registered right from the beginning. China-is-a-first-to-file country where in who applies first will get the registration.

How do I register my trademark in China?

A company that does not have a China base needs to take the assistance of a lawyer to get the trademark registered. The cost of registering one product line is $500. A normal registration process will take about 18 months.

Which product class should I register my product?

While registration, take deep care in which class is the product registered to avail through protection. For example, the product can be registered under “Food Products” if you are being more general. However, if you want to be more protected and specific, then it may be more suitable under “Health Food Products” depending on the kind of product the company sells. It is very important to consider under which head your product fits best so that some other company may not use the same trademark under another product line.

How can I make sure that my trademark is not trespassed?

In no part of the world will registration guarantee that the trademark will not be infringed. However, registration will give a company legal authorities and power to fight any unforeseen problems. Registration is vital so that just in case of problems the situation does not get out of one’s control and legal aid is available for the same in case any major issue arises. The company also needs to be very selective while deciding upon its local distributors. Well laid agreement and clearly stated property-related clauses will help the company stay protected.

General guidelines

· Consider having a Chinese version of your trade mark.

· Consider having a powerful and an appealing trademark.

· Treat the trademark registration important to stay safe and well protected.

· Make sure that your trademark does not infringe any other existing trademark.

About the Author:

Mr. Javier Hernandez, CEO is an international lawyer with a Master’s in European Union Law, International Business Transaction and Commercial Law and Chinese Law. Mr. Hernandez has eight years of experience in China and specializes in the business and legal areas in China including laws related to company formation & representative office in China. He has published and gained recognition in several magazines, including the Tsinghua Enterprise Business School magazine, as well as European and American magazines.