Starting Business can deliver professional trademark services to those looking to register a mark in China. Our team of expert consultants offers a wealth of knowledge with regards to China intellectual property law. Whether you are looking for trademark search, registration, watch or renewal, Starting Business are ready to help.
The China Patent and Trademark Office is the registry responsible for registering and providing all mark requirements in China. For a mark to be registered, it must be available – not already registered with the China Patent and Trademark Office, and it must be capable of graphical representation. Typically a China trademark will be in the form of words, symbols, numerals, letters or designs but it must not be of a descriptive nature.
A foreign company or individual wishing to register a China mark is required under the Chinese Patent and Trademark Law to obtain representation. It is stipulated that representation should be in the form of an authorized Chinese patent and trademark company.
The registered mark is valid for a period of 10 years from the date registered. The mark can then be renewed every 10 years indefinitely, provided the mark is used appropriately.
The China Trade Mark Office, also referred to as CTMO, is the office responsible for administering trademark law in China. The trademark system in China is based on a framework comprising of Trademark Law and Unfair Competition Law.
The law provides legal protection against unauthorized use of a registered mark in China, its scope for legal protection does not extend to unregistered marks. Amendments to China’s trademark law now provide for trademarks to take on the form of three-dimensional shapes, in addition to this, a China trademark can now be a colour.
Due to the nature of the registration process, it is always advised to consult with an experienced firm. Starting Business can fully assist you throughout the trademark registration process, from conducting a search to check if your mark is valid, to the registration and maintenance of your mark.
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