Foreigner China Trademark Registration
We provide the trademark application services for your company in China, including trademark searches, filing applications with the China National Intellectual Property Administration (CNIPA), and handling objections.
Email：tm.ww2cn@evershinecpa.com
I. Foreigner China Trademark Registration FAQs
- How can foreign applicants apply for trademark registration in China?
1) Foreign companies or individuals without a business domicile in China must appoint a trademark agency established under Chinese law to handle the application process.
2) Foreign nationals with habitual residence in China may apply in person at the trademark registration hall or online by themselves, submitting required documents such as ID, residence permit, and signed application forms. - Can foreign applicants file directly without a local agent?
Generally, foreign applicants must use a local trademark agency. Only foreign nationals habitually residing in China can file directly. - What documents are required for foreign applicants?
1) Instruction letter entrusting a Chinese trademark agency.
2) Power of Attorney signed by the applicant (no notarization required).
3) Trademark representation prints (usually 10 black-and-white prints; color if claimed).
4) Priority documents if claiming priority (within 3 months of filing).
5) Special certificates for certain goods (e.g., pharmaceuticals).
6) Identification documents: foreign nationals provide passport copies; companies provide business registration certificates. - Is it necessary to translate documents?
Foreign applicants usually file in English but must provide a Chinese translation of the trademark and goods/services descriptions to avoid misunderstandings and improve approval chances. - Does China follow a “first-to-file” system?
Yes, China grants trademark rights to the first to file, not the first to use. Early filing is critical to avoid trademark squatting. - Are there restrictions on what can be registered?
1) Trademarks must be distinctive and not violate Chinese laws or social ethics.
2) Certain symbols like national flags, emblems, or offensive content are prohibited without official authorization. - How long does the trademark registration process take?
Typically 9 to 12 months, including a 3-month opposition period after publication. - Can foreign applicants use the Madrid Protocol to register in China?
Yes, foreign applicants can extend international registrations to China via the Madrid System, following WIPO procedures. - What happens if the trademark is objected to or opposed?
CNIPA will notify the applicant of the reasons. Applicants can request a review within 15 days and submit supporting evidence within 3 months. Failure to respond leads to application withdrawal. - Is it recommended for foreigners to use a trademark agency?
Yes, due to language barriers, procedural complexity, and local legal nuances, appointing a qualified Chinese trademark agency significantly improves success rates and strategic protection.
II. China Trademark Registration Process
- Create a Distinctive Trademark
The trademark must be distinctive and capable of identifying the source of goods or services. Generic or descriptive marks are less likely to be registered by CNIPA (China National Intellectual Property Administration). - Conduct a Prior Trademark Search
It is highly recommended to search the CNIPA database to ensure the trademark is not confusingly similar to existing marks, as China follows a strict “first-to-file” principle. Early filing is crucial to avoid conflicts or opposition. - Submit the Application
1) Foreign applicants must appoint a local Chinese trademark agency to file the application with CNIPA, except foreign nationals with habitual residence in China who may file directly.
2) Applications can also be filed via the Madrid Protocol through WIPO designating China.
3) Required documents include the application form, trademark representation, list of goods/services (classified under Nice Classification), power of attorney, and priority documents if applicable. - Formality Examination
CNIPA first checks that all required documents are complete and compliant. - Substantive Examination
CNIPA examines the trademark for compliance with Chinese trademark laws, including distinctiveness and conflicts with prior marks. This stage usually takes about 9 months. - Publication for Opposition
If the trademark passes substantive examination, it is published in the Trademark Gazette for a 3-month opposition period. Third parties may file oppositions during this time. - Registration and Certificate Issuance
If no oppositions arise or oppositions are overcome, the trademark is registered and a registration certificate is issued. The entire process typically takes about 9 to 12 months from filing to registration.
Trademark Application Services
Contact us :
Email: tm.ww2cn@evershinecpa.com
Or
Shanghai Evershine BPO Limited
Manager Bing Weng, UK Graduate School Alumni, and a fluent English speaker
Mobile: +86-180-5008-2372
Wechat ID: yaoren01522
Evershine has 100% affiliates in the following cities:
Headquarter,Taipei, Xiamen,Beijing,
Shanghai,Shanghai,Shenzhen, New York,
San Francisco,Houston, Phoenix,
Tokyo,Seoul,Hanoi,Ho Chi Minh,Bangkok,
Singapore,Kuala Lumpur,Manila,Dubai,
New Delhi,Mumbai,Dhaka,Jakarta,Frankfurt,
Paris,London,Amsterdam,Milan,Barcelona,
Bucharest,Melbourne,Sydney,Toronto,Mexico
Other cities with existing clients:
Miami, Atlanta, Oklahoma, Phoenix, Michigan, Seattle, Delaware;
Berlin, Stuttgart; Paris; Amsterdam; Prague; Czech Republic; Bucharest;
Bangalore; Surabaya;
Kaohsiung, Hong Kong, Shenzhen, Donguan, Guangzhou, Qingyuan, Yongkang, Hangzhou, Suzhou, Kunshan, Nanjing, Chongqing, Xuchang, Qingdao, Tianjin.
Evershine Potential Serviceable City (2 months preparatory period):
Evershine CPAs Firm is an IAPA member firm headquartered in London, with 300 member offices worldwide and approximately 10,000 employees.
Evershine CPAs Firm is a LEA member headquartered in Chicago, USA. It has 600 member offices worldwide and employs approximately 28,000 people.
Besides, Evershine is Taiwan local Partner of ADP Streamline ®.
(version: 2021/05)
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