Why Register Trademarks In China
The largest market in the world
After decades of rapid development, the mighty force of consumerism has taken hold in China. The growing middle class here has been eager to buy luxuries, cellphones and cars. A recent report by Standard & Poor’s states that retails in China will hit a stunning amount of $5.8 trillion and overtake the US to become the largest consumer market by 2019. There is no doubt that such a burgeoning market will bring huge business opportunities to enterprises from all over the world. Obviously, it is a smart move to have their trademark registered for those who plan to explore business in China.
Prevent squatting
In the United States and many other countries, it is not registration, but actual use of a mark that creates exclusive rights and priority over others. However, the rule in China is completely different, the ownership of a trademark follows the first-to-use system rather than first-to-file system, which means the rights are granted to who that files the trademark first. The first-to-file system has enhanced efficiency of trademark registration, but on the other hand, makes squatting a common problem in China. Thus, to file your application as early as possible is the most reliable way to protect your IP and prevent other people from taking it.
Crack down counterfeits
Considering the fact that China produces 80% of the world's counterfeits, it is “absolutely essential” to register your trademark in China to stop counterfeiting at its source. With the improvement of the Chinese legal system, a China trademark now provides the rights owner with more exclusive rights than ever before. You can easily prevent counterfeits from being exported by asserting your rights at customs or by removing infringing listings from China's largest e-commerce platforms such as Taobao and Alibaba.
The Process of Registering a Trademark in China
Choose class for your good or service
Based on the International Classification under the Nice Agreement (NICE classification), China further divides the classes into sub-classes. To increase the long-term value of your trademark, it’s important to pick the right class and sub-classes carefully to cover all goods and services that relevant to your business. Have difficulty choosing class and sub-classes? Our attorney would be happy to offer free consultations.
Search your mark in the database
Before you start, it’s necessary to search for similar marks (or logos) in the database. Most of the time, existence of similar marks could lead to a rejection of your application. Although no one can guarantee a 100% rate for your trademark, our arrorney would assess the possibility for you. You will have the chance to decide whether to revise the application (Contact us for a free trademark search or assessment)
Find a good agent
As the China National Intellectual Property Administration (CNIPA) requires that foreign applicants should submit their trademark application though an agent (Serious Strike, for instance), choosing the right agent has become the critical factor of successful registrations. Choosing the proper sub-class for your product, submitting your mark in the correct format, and responding to the CNIPA appropriately are all crucial factors that can significantly reduce your risk of trademark rejection when working with a good agent.
With a branch office in Mainland China, Serious Strike provides integrated cross-border legal services to companies worldwide. By establishing direct relationships with the CNIPA, we are able to detect trademark theft at an earlier stage, respond to the examiner promptly, and expedite the filing processes. In fact, Serious Strike has already become one of the most time-efficient qualified attorneys and has the highest success rate in trademark registration. (View our clients)
