As we pointed out in our previous article, China applies a first-to-file approach in trademark registration.  It means whoever first apply for it will get it.

Now, let’s see how we could register the trademark in China step by step:

1.  Find a trustable trademark agent

Any overseas individual or entity who wants to register a trademark in China need to hire a trademark agent to do so.  Online, you can easily find a lot of consultancy companies claiming that they can do it for you, and some of them charge a unbelievable low price. 

But be careful.  Though it is not required by the law that only lawyer could be a trademark agent, but experience and qualification of the agent definitely is something very important. Experience and professional skill instead of a good price should be the main elements when you choose the agent. 

You thought you could save some money by choosing a cheap agent, but more than often, you will find the terrible service actually cost you more (more money and more time), or even worse, you may lose your trademark forever!  ( In step 3, we will show you why it’s important to choose a qualified agent.)

2. Prepare information required

1) Usually speaking, a trademark could be a logo--graphic trademark,or text (which need to be in a specific font) or a combination of both;

2) Copy of the passport, if the applicant is an individual or copy of certification of incorporation, if the applicant is an entity;

3) Name and address of the applicant;

4) List of items (product and/or service) the trademark applies to, you may check the Nice classification to choose the suitable items: http://www.wipo.int/classifications/nivilo/nice/index.htm

3.  The agent will review it and give counsel accordingly

This step is very critical and that’s why a qualified agent is so important.  Because they will review your trademark in two ways, just as a reviewer in the Chinese Trademark Office (CTMO) do:

1) They will search in the governmental database to check that: if it’s identical or similar to other trademarks that have already been registered, or preliminarily approved (but not yet registered), or that have been applied for (but not yet preliminarily approved)? Search in database seems a easy job.  But knowing how to do cross search and to analyze the result correctly needs experience. An experienced agent also could offer a proposal for better and comprehensive protection of your trademark.

2) Review to decide if it’s in conformity with the Trademark Law in the following three aspects:  

（1）Legality, forexample, it could not be identical with or similar to the State name, national flag, etc.; nor detrimental to socialist morality and custom or having other ill effects;

（2）Distinctiveness, an sign shall not be registered as a trademark if it consists only of a direct representation of the quality, primary raw materials, consists only of generic names of the goods concerned, for example, you can not apply for “milk powder” as the trademark for infant formula, or “sweet” for candy;

（3） Non-functionality, an sign shall not be registered as a trademark if it tells the function of your product or service, for example, you can not apply for “detective” for your detective service.

An experienced agent will review your trademark and analyze the search result and evaluate the application thoroughly and advice of possible solution.  While a terrible agent will just submit your application to the CTMO and then one year later inform you that your application is rejected!

4.Timeframe and procedure

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