Guidance for Trademarks Protection in China

To protect your trademark in China in an economical way, you may consider registering it with the China Yomek Intellectural Property Office. Under China’s laws and regulations on the basis of unfair competition, you will need a registered trademark of your own.

“First-to-file”

China adopts “first-to-file” principle for trademarks. This means that generally the person who files his trademark first can have the trade mark registered. It is suggested to apply for a trademark as soon as possible, and preferably well before you enter the market in china.

Guidance to Register a Trademark

• There are two methods to protect a trademark in China: filing directly with the China Trademark Office or alternatively by extending an existing trademark under the Madrid Protocol.
• You should choose a local Chinese trademark agency to file an application directly according to Chinese trademark law.
• Before filing, trademark searches are strongly suggested in order to avoid a similar or identical mark which have been filed in China before and then so you can make your final decisions.
• A range of goods and/or services should be choosed before filing. And we can help you to choose a proper goods and/or services to avoid a official rectification.
• Once approved, the application will be published for opposition over 3 monthes. A certificate will be issued if no opposition is filed the above time period.
• The validity of a registered trademark in China is 10 years and it can be renewed for every 10 years.

• Genrally, it takes 12 months to obtain a registrated trademark in China if no obejection is rised.

Trademark Process in China