Case Study: Overcoming Trademark Obstacles in China's Business Landscape
China Trademark Search & Registration Services
How can Woodburn help you?
We specialize in China trademark registrations and offer comprehensive services, including international registration through the Madrid System. With a nuanced understanding of Chinese trademark laws and procedures, we guide clients through every step of the trademark registration process. Our approach begins with a strategic consultation, where we conduct thorough search engine assessments to identify similar marks and tailor our advice to align with our clients' business objectives and branding strategies. This initial phase sets the foundation for a successful registration of a trademark in the Chinese market.
How to register a Trademark in China
Registering a trademark in China involves several key steps to ensure compliance with Chinese laws and regulations.
Here's a general overview of the process:
China Trademark Search
01
Before filing a China trademark application, conduct a comprehensive trademark search to ensure your desired trademark is available for registration and doesn't infringe upon existing China trademarks. This search helps minimize the risk of rejection during the application process.
Identify Goods and Services
02
Determine the specific goods or services associated with your trademark. Trademarks in China are classified according to the Nice Classification system, so it's essential to accurately identify the classes relevant to your products or services.
Prepare application materials
03
Gather all necessary documents and information required for the application, including:
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Clear representation of the trademark
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Description of goods or services
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Applicant information (individual or entity)
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Power of attorney (if using a representative)
File the application
04
Submit the trademark application to the China National Intellectual Property Administration (CNIPA). Applications can be filed online through the CNIPA website or physically at one of its local offices. Pay the requisite filing fees upon submission.
Examination process
05
CNIPA will examine the application to ensure it meets all legal requirements. This includes assessing the distinctiveness of the trademark and verifying its eligibility for registration. The examination process typically takes several months.
Office Actions and Responses
06
If CNIPA raises objections or issues office actions during the examination process, respond promptly and appropriately. Address any concerns raised by CNIPA to increase the chances of successful registration.
Publication and Opposition
07
After passing examination, the trademark will be published in the Official Gazette for public review. Interested parties have the opportunity to file oppositions against the trademark within a specified period (usually three months).
Registration and Certificate Issuance
08
If no oppositions are filed or successfully overcome, CNIPA will issue a trademark registration certificate. This certificate serves as official confirmation of your trademark's registration rights in China.
Trademark maintenance
09
Maintain your China trademark registration by renewing it before the expiration date, typically every ten years.
Schedule a 30-mins complimentary, no-obligation call to see how Woodburn can help you. Book a call with our Head of Business Advisory - Kristina Koehler-Coluccia.
Topics we can advise on include:
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Your trademark requirements in China
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The amount of brand assets to be registered
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The class and sub-class categories
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Ownership of the trademarks in China
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Our service fees
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Woodburn's advantage
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And the next steps
Our calls are automatically scheduled via Zoom - or via Teams, WeChat or WhatsApp upon direct request.
Our advisory calls are available from Monday-Friday from 8am to 5pm CEST and Wednesday until 9pm CEST.
How to get started with Woodburn
Case Studies: Trademarks in China
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