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The expected timeframe for completing a straightforward application is approximately 10 to 14 months.
Before filing a trademark application in China, it is recommended (but not a must) to conduct a trademark search in China to ensure that the proposed mark is not already registered by someone else.
Unfortunately, there is no official trademark search provided by the Trademark Office of China National Intellectual Property Administration (“CNIPA”) and you could only hire a professional trademark agent for conducting an unofficial trademark search in China.
Once the search results warrant further action, the next step is to file a trademark application with the Trademark Office of CNIPA.
The application must include a clear image of the mark, a list of goods or services that the mark will be used for, and the name and address of the applicant etc.
If a trademark agent is engaged for filing the application, a power of attorney will also be required.
After the application is filed, the Trademark Office of CNIPA will examine it to ensure that it meets the administrative requirements for registration.
If there are any issues with the application, the Trademark Office of CNIPA may issue an office action requesting additional information or clarification.
At this stage, the Trademark Office of CNIPA will examine whether the application should be refused for any relative grounds or absolute grounds.
If the application is approved, it will be published in the Trademark Gazette for a period of three months.
During this time, third parties have the opportunity to oppose the registration of the mark.
If there are no oppositions filed during the publication period, the Trademark Office of CNIPA will issue an electronic certificate of registration for the trademark.
China trademark lasts for 10 years from the date of registration, rather than application, and can be renewed for successive 10-year periods.
As shown in Trademark Classes? Basic but not Simple!, there are 45 trademark classes of goods or services that can be registered for as defined by the Nice Classification System. In China, it is possible to file a multi-class trademark application, which means that a single application can cover multiple classes of goods or services. This can be beneficial for applicants who plan to use their China trademark across a range of different products or services, as it can save time and reduce administrative burdens associated with filing multiple applications. The overall fees for multi-class applications are typically lower too.
You should however appreciate that higher complexity will be involved, as filing a multi-class application requires careful consideration of the goods and services covered by the trademark, as failure to register in the correct classes can result in a limitation of the protection afforded by the China trademark. Filing a multi-class application may also pose a risk of rejection of the whole application if the trademark is found to be similar to an existing trademark in any of the classes.
Please note that the information presented in this article offers a brief introduction, and it is recommended to seek guidance from Trasomark or a trustworthy trademark agent to receive comprehensive assistance concerning trademark registration in Korea.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.
