Trademark protection in China
How can you protect your trademarks in China?
Despite the improved legal framework for the protection of intellectual property, the issue of trademark protection in China often remains a major challenge for companies.
Timely trademark application
Because only a trademark registered in China is actually protected, as the "first-to-file" principle applies: the company that registers the trademark first with the Trademark Office of the People's Republic of China is recognized as the company entitled to the trademark.
It is therefore advisable to register a trademark in China before there are any concrete plans to enter the market. Companies should bear in mind that the duration of the procedure in China is approx. 12 to 18 months.
The term of protection is then 10 years from registration and can be extended by a further ten years in each case.
Trademark registration directly in China
The trademark application can either be filed directly in China or via the WIPO (World Intellectual Property Organization) or the Madrid system.
While filing through the Madrid system is a cost-effective way to register a trademark in multiple countries including China, it is better to file for China directly with the China Trademark Office (CTMO) to save time at this point.
Foreign companies not based in China cannot register trademarks themselves. So-called trademark agents submit the documents in Chinese, which is also possible online (e-filing).
Brand names in Chinese
Experience has shown that a trademark application in Latin characters only does not offer sufficient protection, as brand names in China are usually pronounced in Chinese. Therefore, companies should also register their trademarks directly in Chinese in the course of the trademark application.
Change in Chinese trademark law
After amending the Chinese Trademark Law in 2019, the Chinese Patent Office CNIPA published a draft amendment for comment in early 2023. The aim is to further improve the trademark system in China. The draft contains over 20 new regulations and provides for the revision of existing articles.
The Chinese Trademark Office (CTMO) is stepping up its efforts to combat abuse through trademark piracy.
Regarding Justus Kreuels:
Justus Kreuels advises clients on the strategic development and maintenance of patent portfolios. He assists companies in Germany and Europe with patent grants as well as opposition and patent nullity proceedings.