DaWo’s Chinese Trademark Application
A trademark, which normally consists of words, logos, or a combination of both (and sometimes sounds), could be one of your most valuable assets because it improves your brand identity and make your products and services stand out among others. Therefore, if you are using something like a logo or phrase to identify your products or services, you may need to consider taking measures to protect it.
Whether your trademark is already registered abroad or you are registering a trademark for the first time, DaWo offers an online service to help you apply for a trademark in China.
We can check the availability of your trademark, propose a filing strategy, and file the application on your behalf.
Any question? Call us +86(21) 6288 8682
Ready-to-Go (if you have an existing foreign application or an existing trademark) — 2000 CNY(excl VAT)
From-Scratch (if you are registering a new trademark) — 4000 CNY(excl VAT)
+ 1000 CNY per trademark per class
1
Through our platform, complete the questionnaire, upload the necessary documents, and pay the initial service fee according to the type of service you need.
2
After you sign and return a Power of Attorney, we’ll perform a trademark availability check and assess the risk of refusal. Based on the type of service you need, we will help you identify the appropriate trademark classification.
3
We’ll propose a suitable trademark strategy. If you agree with the strategy, you can pay the additional fees, and DaWo will file the trademark application on your behalf.
1
Through our platform, complete the questionnaire, upload the necessary documents, and pay the initial service fee according to the type of service you need.
2
After you sign and return a Power of Attorney, we’ll perform a trademark availability check and assess the risk of refusal. Based on the type of service you need, we will help you identify the appropriate trademark classification.
3
We’ll propose a suitable trademark strategy. If you agree with the strategy, you can pay the additional fees, and DaWo will file the trademark application on your behalf.
A trademark normally consists of words, logos, or a combination of both (and sometimes sounds), which distinguish the origins of products and services. Registering your trademark prevents others from using a symbol or phrase that belongs to you without your consent.
As trademark rights are territorial, China does not automatically recognize overseas registrations and follows a ‘first-to-file’ system. This means that companies may be without legal protection in China if a similar mark has already been registered in China.
DaWo is qualified by China’s National Intellectual Property Administration (CNIPA) to act as a trademark agent. We have extensive experience helping foreign companies register and protect their brands in China.
1. Through our platform, complete the questionnaire, upload the necessary documents, and pay the initial service fee according to the type of service you need.
2. We’ll send you a Power of Attorney (a document authorizing us to represent you when filing a trademark application in China), sign it, and return it to us. We’ll perform a trademark availability check and assess the risk of refusal. Based on the type of service you need, we will also help you identify the appropriate trademark classification.
3. Based on our findings, we’ll propose a suitable trademark filing strategy. If you agree with the strategy, you can pay the additional fees, and DaWo will file the trademark application on your behalf.
Ready-to-go service: if you want to apply for registration of a trademark that already exists in other countries or territories.
A service fee of 2000 CNY(excl VAT) + an additional fee of 1000 CNY(excl VAT) per trademark per class*
From-scratch service: If you are registering a trademark that does not exist in other countries or territories.
A service fee of 4000 CNY(excl VAT) + an additional fee of 1000 CNY(excl VAT) per trademark per class*
The full service includes further consultation on identifying the applicable trademark classification according to the local classification system.
*Please note that we charge a 1000 CNY(excl VAT) fee for one trademark application in one class designating a maximum of ten items. For each additional designated item in one class, there is an additional fee of 80 CNY(excl VAT).
After we file the application, the CNIPA will verify whether your documents are sufficient. This process can take up to two months.
If the documents are sufficient, the CNIPA will examine whether the trademark application conforms with local trademark law. If it does not, you’ll have another chance to submit new documents.
If your application conforms with local laws, your trademark will be preliminarily approved and published by the CNIPA. Third parties then have three months to file an opposition. If no one objects, your trademark will be officially registered.
Our intellectual property lawyers can assist and guide you through each step of this process for additional fees.
Can a foreign company file a trademark application in China?
Yes. But, foreign companies without a Chinese branch must apply through a local trademark agent in China.
What if I have a WFOE?
If you have a WFOE, you can apply directly. However, we still recommend that you have a law firm guide you through the process and assist you with your trademark strategy.
What is a trademark classification?
Trademark classifications relate to assigning specific goods and services to categories of items with the same or similar attributes. They directly relate to your field of business and constitute the scope in which your trademark will be protected.
Based on the Nice Classification, China has developed its own classification system, including 45 classes (34 related to goods and 11 to services). In each class, similar products and services are categorized into the same subclasses.
Should I check the availability of my trademark before applying?
An availability check is not mandatory, but we advise performing it before filing a trademark application with the CNIPA to check whether there are any prior similar trademarks that might block the registration of your trademark. It will considerably reduce the risk of your trademark being refused, opposed, or invalidated.
What are the chances of the authorities refusing my application?
Without an availability check and a strategy adjusted to Chinese requirements, the chances of refusal are high. After performing an availability check and adjusting your strategy accordingly, you’ll have higher chances for success.
How long does it take to register a trademark?
It varies from case to case. If all documents and content are compliant with Chinese laws, it takes nine months to a year to officially register a trademark.
When should I file a trademark application?
We suggest filing your trademark application as soon as possible before you fully launch your business in China. China applies a “first-to-file” trademark application system. That means your trademark application will be refused if a similar trademark is already registered in China. In this case, you will lose the chance to obtain legal protection of your trademark in China, and you might face accusations of infringing the trademark rights of others by using your trademark in China.
Any question? Call us +86(21) 6288 8682
All about Trademark Registration with Jingjing Tong
Jingjing Tong is a DaWo Lawyer focusing on corporate law, labor law and intellectual property law.
Still want to know more? Send us an email with your questions to info@dawo-lf.com or call us at +86 21 6288 8682
