Brand protection in China requires a thorough and complete strategy. The first and foremost action is to register your trademark in China trademark office (CTMO). There are two good reasons for that: first, China is a first-to-file country, as Chinese consumers have grown stronger taste for foreign goods, trademark squatting has become a profitable industry. Another reason for early trademark registration in China is to simply gain equal right against Chinese nationals in Chinese court.
TYPES OF TRADEMARKS
THE TERM "TRADEMARK" USED IN THE TRADEMARK LAW REFERS TO TRADEMARKS USED ON GOODS AND FOR SERVICES. COLLECTIVE TRADEMARKS AND CERTIFICATION TRADEMARKS ARE ALSO REGISTRABLE.
Said collective trademarks mean signs, which are registered in the name of a group, an association or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.
Said certification trademarks mean signs which are controlled by organizations capable of supervising certain goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
Geographical indication can be registered as collective trademark or certification trademark.
Registrable trademarks are any signs capable of distinguishing the source of goods or services, including words, devices, letters of an alphabet, numerals, three-dimensional signs, combination of colours, sounds, etc., as well as the combination of such signs.
Registered trademarks shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person. trademarks mean signs which are controlled by organizations capable of supervising certain goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
Time for Trade Mark Approval
In China, usually it takes 12-16 months to get trade mark certificate after filing, without regard for oppositions. It takes about 8-12 months to get your registered trade mark renewed.
YINGKE Law Firm -The largest law firm in China
YINGKE is the largest law firm in China and Asia Pacific. With our headquarters located in Beijing, we operate in more than 40 cities in China and 30 cities overseas. As a full-service, international law firm, we have more than 6,000 lawyers in China and abroad. Our on-the-ground connections and networks make it clear that we are your most trustworthy partner to optimize your China operations.
As the largest law firm in China, YINGKE is the leading partner for foreign companies doing business in China. Our deep understanding of China's legal system, culture dynamics, and business environment make us the most acclaimed law firm in China.
Our seasoned foreign focused Chinese lawyers have developed vast experience handling a wide range of legal issues including international trade, foreign investment, corporate legal affairs, capital markets & securities, private equity, investment & finance, mergers & acquisitions, intellectual property, real estate, energy & environmental protection, maritime trade & affairs, and dispute resolution. In order to give our clients peace of mind, we offer high quality services with flat fees to avoid surprise costs. Also, as foreign nationals are not allowed to practice law in China, outsourcing your legal issues to Chinese lawyers via foreign lawyers only adds up unnecessary expenditures.
YINGKE Trademark Practice Area
1. Pre-filing availability opinion
2. Filing and prosecuting trademark applications
3. Trademark administrative litigation
4. Settlement of disputes over registration or use of a trademark
5. Opposition & invalidation
6. Negotiation on trademark license or assignment and contact drafting
7. legal due diligence for trade mark assignment
8. Trademark searching & watching
9. Providing Chinese mark for a foreign mark
10. Enforcement through administrative or judicial authorities
Learn More About Trademark Registration in China
1. What you should know about China trademark
2. China trademark registration steps
3. China trademark filing requirement
4. China trademark registration expenses
YINGKE Intellectual Property Services
As the largest law firm in China we are able to provide a variety of IP services. Please feel free to request us for service proposals.
1. China Patent
4. Data Protection & Privacy
5. Domain names
6. IP Disputes & Enforcement
7. IP Licensing & Exploitation