China is a member of the Madrid Agreement and the Madrid Protocol.
Legal basis is the Trademark Act, in force since August 23rd, 1982,
last amended December 1st, 2001. Trademark protection is obtained
by registration. However, the existing trademark law protects
unregistered trademarks if the mark has been used and enjoys a
certain reputation or the mark is recognized as a well-known mark
in China. China follows the first-to-file system.
China Trademark Registration-Requirements
A trademark application has to be filed before the Trademark Office
by a local agent. A signed power of attorney is necessary. Foreign
applicants do not need a domestic company registration. Foreign
applicants can only file through an officially recognized agent. A
copy of the business certificate (if the applicant is a company) or
a copy of the applicant’s ID card or passport (if the applicant is
an individual) is required. NOTE: 1 class covers 10 class items.
For each additional class item beyond the 10th item for each class
there is an extra fee. Based on the exact amount of class items, we
will confirm the cost.
China Trademark Registration-Procedure
The application process includes a formal examination and an
examination of distinctiveness and also search for prior trade mark
applications and registrations. It takes approximately 18 months
before an office action is issued by the trademark authority or
registration. After the examination process, the trademark is
published in the Trademark Gazette. The opposition period is 3
months from publication of the trademark application. Then the
trade mark is accepted for registration.
China Trademark Registration-Duration
A trademark registration in China is valid for 10 years and starts
with registration date. The registration is renewable for periods
of 10 years.
China Trademark Registration-Methods
NATIONAL REGISTRATION: If you just want to register your Trademark
in one country, it is sufficient to apply for a national
registration at the local trademark office. INTERNATIONAL
REGISTRATION (MADRID SYSTEM): If you already have filed a trademark
application or have a trademark registration in one or more
countries of the Madrid Union (based on the Madrid Agreement and
Madrid Protocol), you can obtain trademark protection by filing one
single application, so called International Registration (Madrid
System). *Note: The fees for an International Trademark Application
(WIPO) will be calculated for each individual country or multiple
countries. For a quotation please send us an e-mail with the name
of countries where you currently have a registration and all
preferable countries where you wish to extend your trademark
If you have further queries, don’t hesitate to contact us anytime,
anywhere by simply visiting website www.ono-bbb.net, or calling
China hotline at 86-021-31397141, 86-