Understanding China Intellectual Property Protection – Trademark Part 1

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2020-10-12

Trademark is important for you to explore China Market

Centre O strongly recommends to register a China trademark when any companies are starting their businesses in China. Once you ever plan to operate in China. The China trademark is usually easy, fast and inexpensive to register. In contrast to the rest of the world, China is using a “first-to-file”, not a “first-to-use” system. Accordingly, the trademark squatters will look for up and coming startups and register the China trademarks.   

Your Trademark Design

Before you register a China Trademark, you must characterise your trademark

  • Distinctive
  • Indication of origin
  • uniqueness

How to make your China Trademark eligible? 

  1. Legal

Trademark cannot similar or identical to the name or flag of a state or an international organisation. It cannot discriminate against a nationality or indulge in exaggerated or fraudulent advertising.

  1. Distinctive

Consumers can distinguish your trademark easily distinguishable from the producer of other goods and services.

  1. NOT functional

China does not accept trademarks that refer to the nature or model of the good or service itself. For example, a company selling apples is unable to register an apple or an image of an apple as generic names. Because generic names are free using by all. The mark also cannot sabotage competitors by referring to a technical effect. Thereby confusing consumers when choosing a product or service selling the same or similar technical effect.

  1. Available for registration

The China Trade Mark Office’s official trademark database is available online search for existing trademarks. The database also covers preliminary approvals, final approvals, renewals, and modifications of all trademarks and is available. 

For further information, please contact us.

You may want to read: WHAT IS TRADEMARK?

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