TRADEMARK APPLICATION FILING IN
China

In the face of a decelerating global economy, China has become a true trademark powerhouse. The Chinese government encourages mass entrepreneurship and has resulted in an increasing number of trademark activities. The China National Intellectual Property Administration (CNIPA) is an organization that takes care of Intellectual Property and related aspects in China. They observe the highest number of trademark filings in the world. China aims to structure a fundamentally modernized Intellectual Property system in the coming year.

The trademark registration before the China National Intellectual Property Administration can be filed either through the online portal or via offline mode.

Multi-class applications are allowed by the China National Intellectual Property Administration.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document along with a translation in Chinese must be submitted within three months of filing;

• Power of Attorney*;

*A copy of the signed power of attorney is required to be submitted.

The process of registering a trademark in China begins with the submission of the application before the CNIPA. Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the CNIPA will refuse the application and notify the applicant. The applicant will be given a fifteen day time period to challenge and appeal against the office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in China’s Trademark Journal, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favor of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings commence when an opponent files a notice of opposition. The applicant will receive the notice, and the CNIPA will assess its admissibility. The applicant will be given a thirty-day time period to comply with the notice. Thereafter, both parties would be asked to submit their part of evidence within three months. The CNIPA then makes a decision on whether to accept or reject the application and pronounces the judgment within 12 months.

A trademark registration in China is valid for a period of ten years. The trademark must be renewed before the end of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with a surcharge.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

The trademark registration in China normally takes between six to nine months in straightforward cases.

China is one of the developed and fastest-growing economies, which justifies the reason for it being at the 1st rank globally in trademark filings. By the end of the year 2013, China recorded a count of 13.24 million trademark applications. Over the years, China has been improving the registration procedure of trademarks and contributes approx. 47.2% in trademark filings globally. Almost a surge of 14.4% has been witnessed in China’s abroad trademark filings in WIPO statistics, 2023. China contributes approx. 90.8% of trademark filings in the East Asia region. China backs the 12th position in the Global Innovation Index and has become an innovation leader amongst the top 25 countries; hence, being part of such an important country becomes necessary. Other developed & growing nations like the USA, UK, Japan, and the Republic of Korea also request their trademark applications from China.