• Trademark fees

Fees associated with filing trademark applications in China, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications 

Multiple-class applications are possible in China.

• Filing requirements in China

For obtainment of the date of filing, a trademark application in China should contain:
- a representation of the trademark;
- a list of goods and services;
- the applicant's details;
- the Power of Attorney.

A simply signed Power of Attorney is sufficient. A copy of the form should be provided at the time of filing of a trademark application in China.

If priority is claimed, a certified copy of the Priority Document and its Chinese translation must be submitted within three months from the filing date of the trademark application in China.

• Examination, publication and opposition against a trademark application in China

A trademark application undergoes formal examination and substantive examination on absolute and relative grounds within six months from the date of receiving the application documents for trademark registration.

If the trademark application is in compliance with the relevant provisions of the Chinese Trademark Law, the application is preliminarily approved and published.

Within a period of 3 months from the date of the publication, any interested party may file an opposition against a Chinese trademark application.

• Provisional Refusal

The time limit for filing of a response to the provisional refusal of an international registration in China is 15 days from the date of its receipt by the applicant or 30 days from the date of notification from WIPO to the holder. It is necessary to file some evidence confirming the date of receipt. The Office does not provide for an extension of said time limit as well as for requesting a revision or filing an appeal to refusal. It is necessary to appoint a local representative, Chinese trademark attorney, for filing of a response.

• Grant, validity term and trademark renewal

No official grant fee is stipulated. A trademark in China is valid for ten years from the date of registration. A request to renew the registration must be filed within twelve months prior to the date of expiration. A grace period of six months is allowed by paying a corresponding surcharge. A trademark may be renewed each time for a period of ten years.

• Duration of registration procedure

The processing time from filing to trademark registration in China is approximately 9-12 months in case of smooth registration procedure.

• Use requirement

A trademark registration in China may be subject to cancellation if it has not been used within a continuous period of 3 years from the registration date.

• Representation by a trademark attorney

Foreign applicants that wish to start trademark prosecution in China must appoint an agent, a Chinese IP attorney.

•  Note

Online Search Databases: Chinese Trademarks, International Trademarks.

Brief summary is based on the information provided by Borsam Intellectual Property on 23.03.2020
Please contact us if the above information is not in conformity with Chinese IP Laws