Commercial entities can register designations of their products on the territory of any state. China is a party to all international agreements and is a member of the WTO, so the establishment of legal protection of trademarks is possible not only through the national patent service of China, but also under the Madrid system. In this article, we will examine what options can be used for registration of marks in China, and what documents will have to be executed by the applicant.
Enforcement of trademark rights allows to obtain protection against illegal use of the object by competitors or other entities. China is a member of the WTO (World Trade Organization), which imposes higher requirements for the protection of industrial and commercial property. Therefore, the country applies not only the norms of national law, but also the acts of the international level.
Rules for registration of trademarks in the PRC are characterized by the following features:
Only commercial entities - legal entities and entrepreneurs - can secure the rights to the designation. Accordingly, exclusive rights can be used and transferred only in the framework of commercial activities.
For foreign companies the best option for registration will be filing under the Madrid system. In this case:
Thus, the company needs to determine in advance in which countries, other than China, it plans to use the trademark for its products. Otherwise, it is possible to face the fact that the designation is used by others, and claims can be made only if there is a certificate.
The requirements for the content of the application documentation for trademark registration in China comply with all international standards. Regardless of the method of application chosen, the applicant must submit:
When applying directly to the Patent Office of the State Council of the People's Republic of China, all documents are filled out in Chinese. For an international application, a Chinese translation will only be required at the examination stage.
Registration actions on the application also comply with generally accepted rules. The applicant has to go through the following steps:
Similar rules apply to registration in special territorial zones (Hong Kong and Macao), as well as in the Republic of Taiwan. However, there is a simplified registration procedure in these zones and in Taiwan, including the reduction of the total examination period.
Having received a registration certificate, the right holder can implement the legal protection regime:
The most serious violations of the security regime are subject to administrative or criminal liability. Also, under a judicial act, the violator will have all counterfeit products, means of production confiscated, and the company may be forcibly closed.
If you need help registering a trademark in China, use the services of our company. We will help to draw up the application documentation, represent your interests in the submission and consideration of documents. Preliminary consultation on all conditions of cooperation you can get on the phone numbers listed on the site, or via the feedback form.
Features of registration