Trademark- China


Any logos or signs which can distinguish with other’s goods or services, including words, graphics, characters, digitals, three-dimensional logo, color combination and sounds or combinations of the above elements can be filed as trademark.

Application Procedure

  1. Conducting similarity search: search and check whether there is similar prior trademark.
  2. Filing trademark application with CTMO: It takes about 6-8 months for CTMO to examine the trademark application.
  3. Publication of initial grant: the trademark application will be published 3 months for opposition after it is initially granted.
  4. Issuance: The trademark registration will be issued if no opposition is filed after 3 months. The term of trademark right is 10 years from publication date, and can be renewed to next 10 years subject to renewal fee.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English.
  2. ID of Individual or company
  3. International classification and designated goods/services
  4. Mark specimen in JPEG
  5. Power of Attorney

Frequently-asked questions

Q1. Does the mark has to be filed with character of simplified Chinese?

A:In principle, the mark shall be filed with specimen that is in actual use. If the mark would be used in traditional Chinese character, then the mark shall be filed with traditional Chinese character.

Q2. If we register mark in traditional Chinese character in China, can the trademark right cover protection of same mark in simplified Chinese character?

A:It depends case by case and since judgment on merits of actual use. If the client has demand for using the mark in simplified and traditional Chinese characters, we suggest filing separate trademark applications with mark in simplified and traditional Chinese characters respectively.

Q3. Does the trademark registration in China covers protection in Hong Kong and Macau?

A:No, the trademark registration in China only gives the owner mark protection in China. The applicant shall file independent applications in Hong Kong or Macau if he needs to use the mark in Hong Kong or Macau.

Q4. If we just manufacture products in China without selling the products in China, is it necessary to apply for trademark in China?

A:The upstream manufacturing of product is still a part of business activities. Although the finished products are not sold in China, these products are still transported in China. It is advisable to register the mark in order to prevent third party from registering the mark in bad faith.

Q5. The products are sold in China through local agent, is it necessary to file and register trademark in China?

A:The right of trademark is within territory where it is registered only. If the products with mark are marketed and sold to China, the mark shall be registered in China to avoid from infringing others trademarks. Brands are extremely important assets of corporations, we suggest filing and registering mark in China if brands are now used in over countries to prevent registration by others in bad faith.