Introduction: Protecting your brand identity in China necessitates a deep dive into the trademark registration process. This guide demystifies the steps involved, offering insights into what to expect at each stage, so you can streamline your application and secure your trademark efficiently.
Step 1: Initiate Your Application For each category of goods or services, file a separate application. Specify the precise items or services under protection, ensuring clarity even for those not listed under the Nice Classification.
Step 2: Settle the Official Fee Application fees are tiered based on the quantity of goods or services. The base fee is 300 RMB per application for up to 10 items. An additional 30 RMB per item is levied for every item exceeding the initial ten within a single class.
Step 3: Undergo Formal Examination Upon meeting formal criteria and accurate completion of the application form, the China Trademark Office (CTMO) acknowledges the submission with a Notice of Acceptance to your agent. This phase typically spans 3-4 months.
Step 4: Face Substantive Scrutiny The CTMO conducts a comprehensive review against the Trademark Law, evaluating the trademark's legality, uniqueness, and non-functional aspects. This scrutiny also checks for pre-existing identical or similar marks. Expect this rigorous assessment to take around 6-8 months.
Step 5: Gain Preliminary Approval & Public Notice Confirmation of compliance leads to preliminary approval by the CTMO examiner. The trademark is then announced in the Official Gazette, triggering a 3-month public notice period.
Step 6: Finalize Registration In the absence of opposition during the public notice period, the trademark registration is confirmed. The CTMO issues a registration certificate, and the trademark is formally published. This final step takes approximately 1-2 months.
Note:
While this sequence assumes a straightforward progression, encountering objections or oppositions can prolong the timeline considerably. Prompt initiation of the trademark application is thus advised to mitigate delays.
Mastering the intricacies of China's trademark registration process, from initial application to registration, empowers you to manage expectations and potential setbacks effectively. With awareness of critical milestones like formal and substantive reviews, preliminary approval, public announcement, and final registration, you can safeguard your brand identity with confidence.
Act swiftly to register your trademark, ensuring robust protection for your business in the Chinese market.
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