麦嘉知产旗下河北知识产权网为一站式知识产权服务平台
您现在的位置: 主页 > China_Trademark > China Trademark Registration in 2019: English Guide

China Trademark Registration in 2019: English Guide

来源:network 编辑:He Bei IPR 发布时间:2019-08-07热度:
How to register Trademark Registration in China as a foreign company If you are starting a business in China, it is important to know that China does not recognize unregistered trade mark rights. It is highly recommended that trade marks ar...

How to register Trademark Registration in China as a foreign company

If you are starting a business in China, it is important to know that China does not recognize unregistered trade mark rights. It is highly recommended that trade marks are registered before starting a business in/with China.

Today we will tell you all about product classification, how to register a trademark in China, what documents you will need, and how long it will take.

The first thing you need to know is that China’s trademark registration employs a “first to file” system, so don’t worry about the length of the process as long as the process has already started. This is true even if you are not conducting any sales in China. This means that anyone in the world who knows your name could register your TM (trademark) before you do! As you can see, it is very important that no-one beats you to it, as it is legal to sell trademark rights, which may lead to blackmail issues.

The trademark is only given for a period of 10 years, with a right of renewal for one more decade

As the official written language in China is Mandarin Chinese, it is highly advisable that you register your brand name in Chinese characters as an addition to your Latin written version.

 

What can be registered as a Trademark in China?

You can register many things as a trademark, including words, design, letters of an alphabet, numerals, three-dimensional symbols, and color combinations.

Below is an example of the product classification table breakdown:

All possible products are described and split into 45 Classes   

Each Class consists of sub-classes, and these include codes of potential products.

Class 21:

Description of class: Household or kitchen utensils and containers…

Subcategory:  

  • 2101 kitchen cooking utensils and containers

Item codes:

Basincontainer210025,

Butter dish 210030

Butter dish cover 210031 etc.

The list goes on.

So, if one day you want to register a TM for butter dishes and butter dish covers, you will be listed as Class 21, Codes: 210030, 210031… and you can go on with as many codes as you want, depending on your business scope. Think carefully, and if tomorrow your brand will be selling cooking pods or microwaves, make sure you register your trademark across those classes as well.

The process could be costly, since it is common to register a maximum of 10 codes per product Class, so the price goes up with the amount of Classes you choose. Still, better to protect yourself from a future trouble, and do your Trademark Registration in China as early as possible.

How to check if your trademark is available in China? 

When starting your Trademark Registration in China check the availability on TM names. You can go to this government website. This site will allow you to read all kinds of relevant information, search for identical or similar TMs, check on your application status, use a generator of possible options, read the TM Gazette etc.

Document list for Trademark Registration in China

To apply for trademark registration, foreign enterprises need to prepare the following documents:

  1. Enterprise Licence such as ‘Company Registration Certificate’, ‘Business Registration Certificate’, ‘Business License’ and so on.
  2. Trademark pattern in clear JPG format. It could be words, images, combination of words and graphics, or other trademark combinations.
  3. Description the goods or services, which the trademark is applied to.
  4. Name of entrepreneur, company address, Email address, phone number.

 

Trademark Registration in China Trademark Registration in ChinaProcess overview 

The timeline and overall process of your trademark application will look like the one outlined below:

  • It takes about 1 month for you to get the notification of acceptance.
  • It takes about 6 months for you to get the result of the trademark examination by the China State Intellectual Property office.
  • If the trademark passes the examination of the China Trademark office, it will be published on the website “TM gazette” of China Trademark office for 3 months.
  • After the gazette, if no one has opposed the trademark, you will be given the certificate of the trademark within 1 month.

The process is long – 10-12 months –  so be patient, but keep in mind, since the day of your filing no one else can file the same name in your category(-ies), so you have peace of mind on this point.

 

Full trademark classification list

Here is what the classification of products looks like. Go ahead and check what Class is your product qualifies under. There is no limit to the amount of Classes you can choose for your Trademark Registration in China. But each class is handled separately.

 

Class_1  

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.

Class_2  

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

Class_3  

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class_4  

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class_5  

Pharmaceuticals, medical 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

Class_6  

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; ores.

Class_7  

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.

Class_8  

Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class_9  

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

Class_10  

Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class_11  

 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class_12  

Vehicles; apparatus for locomotion by land, air or water.

Class_13  

Firearms; ammunition and projectiles; explosives; fireworks.

Class_14  

Precious metals and their alloys; jewellery, precious stones; horological and chronometric instruments.

Class_15  

Musical instruments.

Class_16  

Paper and cardboard; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging; printers’ type; printing blocks.

Class_17  

 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class_18  

Leather and imitations of leather; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.

Class_19  

 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class_20  

Furniture, mirrors, picture frames; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

Class_21  

Household or kitchen utensils and containers; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware.

Class_22  

    Ropes and string; nets; tents, awnings and tarpaulins; sails; sacks; padding and stuffing materials (except of paper, cardboard, rubber or plastics); raw fibrous textile materials.

Class_23  

Yarns and threads, for textile use.

Class_24  

Textiles and substitutes for textiles; bed covers; table covers.

Class_25  

Clothing, footwear, headgear.

Class_26  

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class_27  

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class_28  

Games and playthings; gymnastic and sporting articles; decorations for Christmas trees.

Class_29  

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.

Class_30  

Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

Class_31  

Agricultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; natural plants and flowers; live animals; foodstuffs for animals; malt.

Class_32  

 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

Class_33  

Alcoholic beverages (except beers).

Class_34  

Tobacco; smokers’ articles; matches.

Class_35  

Advertising; business management; business administration; office functions.

Class_36  

Insurance; financial affairs; monetary affairs; real estate affairs.

Class_37  

Building construction; repair; installation services.

Class_38  

Telecommunications.

Class_39  

Transport; packaging and storage of goods; travel arrangement.

Class_40  

Treatment of materials.

Class_41  

Education; providing of training; entertainment; sporting and cultural activities.

Class_42  

 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class_43  

Services for providing food and drink; temporary accommodation.

Class_44  

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class_45  

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

 

Trademark Registration in China is a long and possibly expensive process (if you register in more than 10 categories), but it is a necessary process to protect your brand or IP.


更多知识产权问题,大家可以拨打客服热线13011591625咨询。

便捷链接:商标查询 商标注册 版权登记 专利申请 工商注册 财税记账 高新资质 项目申报 商标转让 域名转让

本文来源:China Trademark Registration in 2019: English Guide

版权说明:上述为转载或编者观点,不代表麦嘉知识产权意见,不承当任何法律责任。如果发现本站有涉嫌抄袭的内容,欢迎发送邮件至 207885995@qq.com 举报,并提供相关证据,一经查实,本站将立刻删除涉嫌侵权内容。

上一篇:Registering A Trademark In China

下一篇:没有了