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Two Methods to Get Your Trademark in China
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China is a party of the World Intellectual Property Organization( WIPO), so by submitting the trademark application to the WIPO International Bureau through the office of origin, and going through formal examination by the Bureau and then substantive examination by China’s Trademark Office (CTMO), overseas applicants may submit their application to China under the Madrid Protocol. That’s called the International Method.An entity or person may hire a Chinese trademark agent to apply for the trademark directly with CTMO, and get a Certificate of Trademark granted by CTMO, that’s called the National Method.
2. What’s the differences between these two methods?Technically both methods are just different channels for application filing. The differences are mostly procedural. Both methods follow the same examination standard based on China’s trademark laws and regulations. More importantly, the substantive rights granted are the same. Both methods are valid for ten years and can be prolonged for a subsequent 10-year protection period.
3. The National method is more convenientHowever, for practical reasons you may wish to apply using the National method.
Firstly, application through the National method is usually faster. The time frame for the International method is 12-18 months from the date of international notification (which will usually be granted 6 months after submission of the application)，so in total one and half to two years; while it’s one and half years for the National method.
Secondly, if you use the International method, you will get the certificate issued directly by the WIPO, which is in English or French. However, as administrative authorities and courts in China will ask for a Chinese language document as proof of your right, if you want to enforce your rights or help to speed up proceedings when dealing with local authorities, you need to obtain such certificate from the CTMO. The could take three months or longer ( Don’t be surprised if it takes more time, considering that CTMO once suspended issuing trademark certificates for 7 months just because they used up their paper! ).Another problem is sometimes the local agency or institution only know about the certificate issued by CTMO (granted through the National method), with the national emblem of PRC on the top of the paper. It really takes some time and effort to convince them that your document is also officially recognized and enjoys the same rights, as one of my clients once experienced.
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