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It is important to apply for trademark protection in China as early as possible. China is a "first-to-file" country, unlike USA or Canada. It means that the first person to file a trademark application will generally have priority over a prior user of the trademark in China. In China, applications can be filed and registered without the so-called statement of use or intend to use. If a trademark has not been used in China for three years, it may be subject to cancellation for non-use.

Trademark protection is territorial. If you have a business or plan to do business in China, you should consider registering a trademark in China. China trademark protection is necessary to avoid infringement attack and protect your brands when your business is related to China market.

The following marks or signs are accepted for registration:

1.Words

2.Names

3.Devices

4.Certain 3-dimensional shapes

5.Slogans

6.Colours

7.Sounds

8.Get-up or trade dress

9.Combination of all of the above elements

10.Collective marks

11.Service marks

China trademark classification system is based on the NICE classification (45 classes) system but has some differences.

China uses sub-classification systems for each of the 45 classes. The goods/services in each class are divided into multiple sub-classes according to their functions and/or raw materials and sales channels while services are divided based on their content and target consumers.

Due to sub-classification systems, when applying for a trademark registration in China, the goods/services applied for must comply with the goods/services listed in the Chinese Sub-classification Book. If the goods/services applied for are not specifically listed, they are likely to be rejected. It is important to select the goods/services that are closely matching to the specific goods of interest.

The requirements of filing trademark application in China are:

1.The trademark name. If you are filing for a logo, we need to see the logo.

2.The full legal name of the applicant(s) (either your organization or your individual name).

3.The full address of the applicant(s).

4.A copy of your business incorporation certificate (or passport of individual applicant).

5.The products which you sell or plan to sell under your trademark (provide a list); or the services which you offer or plan to offer under your trademark (provide a list).

6.Power of attorney (POA):

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

A trademark is valid for 10 years and can be renewed every 10 years in China.