The behaviors of copycat are widely existed in current market, such as “the free-riding against the well-known brand names” and “the imitation of famous brand-name”. The existing of copycat not only disrupted the market order, but also brought the economic and reputation cost for many consumers and enterprises due to its quality issues. Especially in manufacturing countries like China, an enterprise can be widely accepted by majority relying on the important role of trademark. Enterprises registered trademark needs to be approved by the China Trademark Office, the applicant can obtain the exclusive rights of the trademark.

In accordance with the provisions of “China Trademark Law”, non – Chinese people can register trademarks in China can gain their trademark rights in accordance with the law protected by Chinese law. In recent years, due to China’s rapid economic development and the magnetic properties of the Chinese market, the number of registered trademarks in China by foreigners is also on the rise. According to statistical data of Trademark Office of the State Administration for Industry and Commerce, the trademark applications were more than 154,000 registered by foreigners by the end of 2010, the registration amount was far more than the Chinese enterprises in overseas trademark application. Only in the year of 2010, foreigners have submitted 98727 trademark applications in China. Obviously, applying for trademark protection for their own brands in China has been attached more and more the attention from the global enterprises.

Those enterprises wish to register trademarks in China, they need to understand and be familiar with the rules and precautions of Chinese trademarks, to avoid the lack of specificity in the registration process as well as the cost waste for individual or enterprises due to the blind registration.

Rules you need to know for China Trademark Application:

  1. Where two or more applicants apply for registration of identical or similar Trademark for the same or similar merchandises, the trademark will be given to which preliminary approval, after examination, is obtained and to which the announcement of the application therefore is made first. Where applications are filed on the same day, the trademark will be given to which preliminary approval, after examination, and to which the announcement of the use thereof is made first. The dismissal of the applications of the Trademark by others will not be announced.
  2. Any person may, within 3 months from the date of the announcement, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed after the expiration of the announcement period, the registration will be approved and the trademark will be issued a certificate of trademark registration and announced. Where an application for trademark registration is dismissed and trademark will not be announced, the Trademark Office will notify the trademark registration applicant in writing.
  3. If the trademark registration applicant refuses to accept the dismissal, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the day on which the notification is received, and the Trademark Review and Adjudication Board will decide and notify the applicant in writing.

Moreover, you can enjoy the right of Priority of China Trademark Registration meet following requirement:

  1. Where an applicant applies for registration in China of the same trademark for the same merchandises within 6 months from the day on which it first filed an application for registration of the same in a foreign country, he may enjoy the right of priority in accordance with any agreement entered into between that foreign country and China or any international treaty to which both countries are parties, or according to the principle of mutual acknowledgement of the right of priority.
  2. Where a trademark is used for the first time on the merchandises displayed at any international exhibition sponsored or acknowledged by the Chinese Government, the applicant applying for registration of that trademark may enjoy the right of priority within 6 months from the day on which the said merchandises are displayed.
  3. Any applicant requesting for the right of priority shall file a written declaration when submitting its application for trademark registration, and shall provide copies of the application documents submitted when it first filed the registration application for the trademark or the name of the exhibition at which its merchandises are displayed, the evidence proving that the said trademark is used on the displayed merchandises and supporting documents for the date of exhibition within 3 months; the applicants who fail to file written declarations or provide copies of the application documents for trademark registration within the prescribed time limit shall be regarded as not having request for the right of priority.