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Business China

China Trademark

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Today, China has a huge market for foreign investment and low labor work force. Numerous individual investors or multinational companies flock into the Chinese market. With trademark registration, enterprises may enjoy legal protection of their products and services. US President Trump are worth learning, who already holds 77 officially registered trademarks in China till now. 

In accordance with international rules, Chinese trademark registration is based on 45 categories. If an enterprise wants to expand the scope of protection of the trademark, they must expand the categories of registration across categories that is, in a number of categories are registered trademarks. 


China trademark

“TM" is the abbreviation of the trademark "trademark", and "register" is the abbreviation of "registered" in English. "TM" and "R" are suggestive, they usually appear in some signs in the upper right corner or the lower right corner, "TM" states that this mark is used as a trademark, and the "R" indicates that the logo is a registered trademark, which enjoys the exclusive right to the trademark. 

According to the provisions of the trademark law, the period of validity of a registered trademark shall be ten years and shall be counted from the date of approval. According to the provisions of the trademark law, "if the registered trademark is valid and needs to continue to be used, it shall apply for renewal of the trademark within 12 months prior to the expiration of the trademark law." During the period of failure to apply, a six-month extension may be granted. If there is no application for the extension, the registered trademark shall be cancelled." Timely handling of trademark renewal can save time effectively. The expiry date of the client's trademark shall be renewed and the application for renewal of the trademark shall be handled in time.



trademark registration




Trademark Registration Flow


  • Trademark Search
  • Initial Application
  • Substantive Examination
  • Publication
  • Issuance of Certificate

Required Application Documents to Register a Trademark


  • Corporation Applicant: Business Registration Certificate / Certificate of Incorporation
  • Individual Applicant: Identity documents and address proof
  • Application Form
  • Trademark Image
  • Power of Attorney

Duration of Application


12-18 months

Validity Period


The registration is valid for 10 years.

Renewal


Renewal application for 10 years must be submitted 6 months before the expiry.



Download: 45 Categories of Chinese Trade Mark Registration


Trademark is the brand of a product that we often say. It is a kind of identification mark to identify the source of goods (or services). Characters, figures, letters, numbers, three-dimensional signs and color combinations, or combinations of the above elements, can be used as trademarks. Trademark registration is regional and registered in mainland China is protected only in mainland China.
 
Common trademark form: Hong Kong trademark registration and mainland areas are roughly the same. They can be divided into three forms: text (Chinese / English), graphics and composition
 

What's the difference between TM and R?
 

" ®" means a registered trademark. "Trademark law" clearly stipulates that "trademark registrant has the right to indicate" registered trademark "or registration mark" mark "®". If there is no registered trademark, then it belongs to a counterfeit registered trademark. And it may constitute trademark infringement;
 
™ is the two acronyms of English trademark, and also refers to the trademark. But this has no legal meaning and legal effect. Generally, not registered trademark or registered trademark can be used. Of course, registered trademarks can also be used. Generally speaking, we think its meaning is publicity to the outside world. "My use is" used as a trademark "™". In some trademark cases, it can be used as evidence of trademark. It can be noted that, Taobao, Tmall and other online platform, the trademark is divided into R mark and TM mark, respectively refers to the registered trademark and trademark still in the process of application. 


According to the provisions of China's "trademark law", the special right of registered trademark is protected by law. Unregistered trademarks are not protected by law, and their users do not enjoy the right of exclusive use of trademarks. Therefore, in the strict sense, only registered trademarks are industrial property rights in China. Only registered trademarks can become intangible assets of enterprises.

The Importance of China Trademark Registration 


  • The registered trademark of an enterprise is the brand image of an enterprise, which can help enterprises seize the market and expand their business scope.
  • Through the renewal of trademark protection, the trademark infringement and the value of the brand is not subject to steal. The formation of corporate logo can create the first step of business impact and enhance consumer stickiness
  • China trademark registration is advantageous to the market competition and the establishment of the enterprise prestige. This can prevent infringement of the same category enterprises and protect the intangible assets of enterprises.
  • A registered China trademark is easy for consumers to recognize brand shopping. It is helpful to identify the product brand and improve the popularity of the product. Meanwhile, a registered China trademark is the basic requirement for opening the E-commerce store on Tmall, JingDong.
  • A registered China trademark even can enjoy the support of the government and can be used for financing.

What will Happen if the Trademark is not Registered?


  • The most fatal weakness of an unregistered trademark is that the user does not enjoy the exclusive right to use the trademark.
  • Another weakness of unregistered trademarks is that the first user of the trademark cannot use the trademark once the other person has registered the trademark first. According to the trademark law of our country, the original acquisition of the exclusive right of trademark is only obtained through trademark registration. Application principle of earlier. In the case of an unregistered trademark, who applies for registration first, the exclusive right of the trademark is granted.
  • Another weakness of unregistered trademarks is that unregistered trademarks may be identical or similar to registered trademarks, which are used on the same or similar goods, thus cause infringement.
  • Unregistered trademarks cannot form industrial property rights, so they cannot be used as intangible assets.



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