China Trademark Registration
All kinds of products or services are subject to trademark infringement especially in China where counterfeit product are very common (China does not recognize unregistered trademark rights). Protecting a company’s trademark is a strategic move in the long term and should be carefully considered. Corporation China strongly recommends you to register your trademark in China when start to do any business activities.
We have Registered over 25.000 Trademarks over the last 10 years.
As fast as 30 days to set up a ™, and 18 months minimum for ®.
What is a trademark
And why is it particularly essential when doing business in China ?
A China Trademark Search is a distinctive brand or mark used by an individual to identify that the product or service originated from one and only source. This mark has a value not only to the owner due to its distinctiveness but also to customers who associate this trademark to a specific product or service and hence have certain expectations towards the company. All kinds of products or services are subject to trademark infringement, especially in China where counterfeit product are very common (China does not recognize unregistered trademark rights).
What qualifies for a registered trademark in China?
- Logos and symbols that distinguish the goods or service of one entrepreneur or business owner, legal entity or any other organization in China.
- Any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colors, will compliment your trademark registration process in China.
- After 2002, three-dimensional symbols or combinations of colors also qualify for China trademark application for registered trademarks in China. However, certain words or symbols, like countries names, international organizations names and symbols (UNESCO, United Nations) cannot be registered as trademarks.
China Trademark Classes
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity and scented candles.
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories.
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters.
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use.
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units.
Vehicles; apparatus for locomotion by land, air or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.
Firearms; ammunition and projectiles, explosives; fireworks.
Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches.
Musical instruments; stands and cases adapted for musical instruments.
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.
Leather and imitations of leather; animal skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals.
Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors and windows.
Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions.
Household or kitchen utensils and containers; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steel wool; articles made of ceramics, glass, porcelain or earthenware which are not included in other classes; electric and non-electric toothbrushes.
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.
Yarns and threads, for textile use.
Textiles and textile goods; bed and table covers; travellers’ rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions or duvets.
Clothing, footwear, headgear.
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); wallpaper.
Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens’ toy bicycles.
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, edible ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.
Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals.
Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.
Alcoholic beverages (except beers); alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.
Tobacco; smokers’ articles; matches; lighters for smokers.
Advertising; business management; business administration; office functions; organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of [list specific goods].
Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.
Building construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services.
Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting.
Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities.
Treatment of materials; development, duplicating and printing of photographs; generation of electricity.
Education; providing of training; entertainment; sporting and cultural activities.
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, drawing and commissioned writing for the compilation of web sites; creating, maintaining and hosting the web sites of others; design services.
Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.
Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.
China Trade Mark Registration Step By Step Process
1. China Trademark Search
We deliver an availability search for similar pending or registered prior trademarks. The report contains an Assessment from a consultant specialized in trademark law regarding the registrability of a trademark and the risk of collision with trademarks already registered.
2. Trademark Status Search
Overseeing the status of your registration is a wise act to have an update on the process. We can provide you with a status report for your trademark or you may utilize our website to do the search yourself.
3. Trademark Application
We process the trademark registration application in mainland China. The all-inclusive price includes our attorney fees and the government fee, assuming no refusal or opposition. We also handle trademark cases in Hong Kong, Taiwan and Macau.
4. Trademark Cancellation
When a registered trademark hasn’t been used in 3 years, anyone can file for its cancellation at the FREEWIND. This ups the likelihood of your trademark registration and prevents rivals.
Online China Trademark Search
Find out if your trademark is available in China and ready for registration
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4 Top Reasons to Register China Trademark
Claim your brand name
Is your trademark recognized in China? Having branded goods manufactured in China doesn’t protect you from your brand name being seized. China is a primary-to-file jurisdiction for logos, this means that if you don’t claim your trademark, someone else will!
The Chinese Trademark Registration Law literally states: “Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark, including service mark, shall file an application for the registration of the trademark with the Trademark Office”.
China Trademark Registration squatters will specifically register the logos of foreign owned businesses. Protecting your production operations in China from being ransomed by threats of trademark infringement. Especially, before you even bring your business plans to set up a business in China.
Even though this is your own brand name with offices in a foreign company or corporate offices in China. Don’t be held ransom or forced to buy the rights to your own copyright ideas, get protection against trademark infringement in China and register your trademark, DON’T DELAY!
Protection against Customs
The patents, registrations, or trademarks you have to protect your foreign business must be valid in China. Protect yourself against the risk of your products be labeled as counterfeit goods and seized by Chinese Customs.
- Be aware of product protection in China.
In a good deal of cases, foreign trademark has no relevance in China. These intellectual properties will be subject to confiscation by Chinese Customs officers. The only way to protect your products in China and prevent Chinese Customs seizure is to begin Chinese trademark application.
China Trademark Registration –
There’s no doubt that China is at the epicenter of Asia-Pacific trade and an emerging market that will continue to be a massive market to open your wholly foreign owned corporate entities.
- When will you start your business in China? Today, tomorrow, someday.
Start your strategy now and be proactive about opening your business in China. Plan your future in the China Trademark Registration database to make sure that you have the ability to register your brand name. The time to complete filing with China trademark offices can take a year from the trademark application date.
- Why wait for your China Trademark Registration?
Requesting a registry name with the intellectual property office in China will make it that much easier for you to enter the marketplace and move forward with your plans to start a business in China. Begin the process with Corporation China for a trademark search.
Increased market growth
Over the past five years, the growth rate of China’s trademark registration has steadily increased with the number of China trademark registration applications reaching over 5 million in 2017.
- Increased Statistics for China trademark registration applications 2013 – 2017 grew 55.7% annually.
Since 2001, China has ranked first in the world for foreign owned business apply for trademark registration.
- Almost 30 million China Trademark Registration applications were made last year and the chances for opportunities to protect your brand in China are becoming scarcer.
- The total number of Chinese trademark applications is around 27 million
- The total number of foreign owned business with Chinese registered trademarks is around 17 million
Start with the most important step of setting up business operations in China. Make sure to trademark search for Chinese patent application. Start the process of valid registered trademark status in China to protect against copyright infringement and intellectual theft.
Last update: June 2019.
WHAT CAN CORPORATION CHINA HANDLE FOR YOU TO OBTAIN A TRADEMARK IN CHINA?
China Trademark Search and Monitoring
Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no objections within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review & Approval Board and then to the People’s Court. Objections to trademarks are relatively rare.
We deliver an availability search for similar pending or registered prior trademarks. The report contains an Assessment from a consultant specialized in trademark law regarding the validity of a trademark and the risk of collision with trademarks that have already registered.
Trademark Status Search
Overseeing the status of your registration is a wise act to have an update on the process. We can provide you with a status report for your trademark or you may utilize our website to do the search yourself.
Our professionals can help you trace your trademark in China and alert you of a potential infringeme
Whats needed to start a trading company in China
1. Do your homework.
find out more about the market and if your services or products will do well in China
[ contact a company like Brand Asia that can help you with market research ]
2. Pick a location
Shanghai, Beijing, and Guangzhou are the major business and industrial centers. The type of business may require you set up in one of these cities. Shanghai counts for one-third of China's GDP and also easy to find staff that speak good English
3. Choose a Chinese Company Structure
Before registering you need to decide what type of business entity to register. The most common for foreign Investment are Wholly Foreign Owned Enterprises (WOFE), Representative Offices (RO) and Joint Ventures
4. Develop a business plan.
A detailed business plan is crucial because once the government approves it, you will be able to operate only within the business scope, but that can also be changed if needed
5. Organize the necessary documents.
The documents you'll need to register for a Company will vary from place to place but mostly is just a few passport and company information.
6. Trademark your intellectual property.
Intellectual property violations can be an issue for foreign investors in China.
Trademark is a first to serve the system and is a simple process
7. Open a Bank Account
Once your company is established, you will need to open a bank account and also apply for a tax invoice ( Fapioa) machine
8. Hire staff (if required)
Hiring staff in China might seem complex ,our Yingke HR Division can help
Documentation requirements to open a China Trading Company
SET UP AS AN INDIVIDUAL
- A scan of your passport
- A Personal Bank Reference Letter
- Choose a name for the your China WFOE
- Choose a location for the company in China
SET UP AS A HONGKONG COMPANY
- Notarized copy of Passport of Director and Company Registration Certificate
- Hong Kong Company Registration Certificate
- Hong Kong Company Bank Reference Letter
- The Hong Kong Company will then be the Holding Company for the WFOE We can set up a Hong Kong Company in about 5 days
SET UP AS A COMPANY
- A Passport Scan of the Director(s)
- A Certificate of Company incorporation
- A Company Bank Reference Letter – stating no bad record
- All Documents need to be notarized by the Chinese Embassy.
Opening a China Bank Account
Opening a China Bank Account is a post-licensing service. Corporation China has the knowledge to assist your company during the Bank Account Opening Process. We can Guarantee the China Bank account as we have a partnership with most of the top banks in China. The bank you chose is at your discretion but most of our clients have chosen Bank of China or HSBC. You may contact us for more information about opening a Bank Account and the required documentation must be provided to the Bank during the Process.
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