China Trademark - Drake Chen

27/03/2025

Apply for China Customs Intellectual Property Rights Registration

China Customs Intellectual Property Rights Registration refers to the registration by an intellectual property right holder with the General Administration of China Customs(GACC), in accordance with the Regulations on Customs Protection of Intellectual Property Rights, of the legal status of their intellectual property rights, information on relevant goods, lawful use of intellectual property rights, and import and export of infringing goods, in order to enable the customs to proactively protect the relevant intellectual property rights during the supervision of import and export goods.

Trademark right holders from regions outside Mainland China must entrust a domestic organization to apply to the General Administration of China Customs(GACC).

Required Materials:

1. Chinese Trademark Registration Certificate; if it is a Madrid international application, a Trademark Certified Copy must be obtained(please contact us if you need).

2. Proof of identity of the trademark right holder.

The China Customs IPR Registration is valid for 10 years.

Purposes of China Customs IPR Registration:

1. Prerequisite for Customs to Take Proactive Protection Measures: According to the Regulations, if an intellectual property right holder has not recorded their intellectual property rights with the customs in advance, the customs has no authority to proactively suspend the import and export of infringing goods upon discovery, nor does it have the right to investigate and handle the infringing goods.

2. Facilitates Customs Discovery of Infringing Goods: Although the Regulations stipulate that after recordation, an intellectual property right holder still needs to apply to the relevant customs for protective measures upon discovering that infringing goods are about to be imported or exported, in practice, the customs’ ability to discover infringing goods mainly depends on their inspection of the relevant goods. During recordation, intellectual property right holders are required to provide information on the legal status of their intellectual property rights, contact information, lawful use of intellectual property rights, suspected infringing goods, relevant images, and photographs, which enables the customs to discover and detain suspected infringing goods during routine supervision. Therefore, prior intellectual property recordation can ensure timely protection of the legitimate rights and interests of the right holders.

3. Reduces the Economic Burden on Intellectual Property Right Holders: According to the Implementation Measures of the Regulations on Customs Protection of IPR issued by the General Administration of Customs, under the customs’ ex officio protection model, the maximum security deposit provided by an intellectual property right holder to the customs is USD14000, and they can also apply for a general security deposit with the General Administration of Customs. If an intellectual property right holder has not recorded their intellectual property rights in advance, they cannot enjoy these benefits and must provide a security deposit equivalent to the value of the goods they request to be detained.

4. Deters Infringers: As the customs confiscates infringing import and export goods and imposes administrative penalties on import and export enterprises, early intellectual property recordation can warn and deter enterprises that previously imported and exported infringing goods without any scruples, and encourage them to consciously respect relevant intellectual property rights. In addition, some enterprises that do not maliciously export infringing products may also learn whether their contracted processing and exported goods may constitute infringement by querying the recordation.

06/01/2025

This is a story about trademark disputes in China, specifically involving a famous pastry brand called “鲍师傅” (Bao Shifu). Here’s a breakdown:

The Players:

Party A: The original and famous “Bao Shifu” pastry shop, officially known as Beijing Bao Caisheng Catering Management Co., Ltd. They are known for their “meat floss rou song xiao bei” pastry. They own the “Bao Shifu” trademark only for category 30 of China trademark classification, which covers pastries, cakes, bread, etc. This trademark was registered in 2014.

Party B: Beijing Yishang Catering Management Co., Ltd. They also operate under the name “Bao Shifu” but obtained the trademark through a transfer from a third party (Bao Haibing) for categories 32 and 43. Category 32 covers beverages (irrelevant to this case). Category 43 covers restaurants, cafes, and catering services. This allows them to use “Bao Shifu” for their restaurant storefront.

The Problem:

Party A, the original pastry shop, only trademarked their brand for food products. They did not trademark it for restaurant services (category 43). This means they can use “Bao Shifu” on their packaging but technically not on their store signs.

Party B, having acquired the trademark for category 43, can use “Bao Shifu” on their restaurant storefronts. They even have the right to demand that Party A stop using “Bao Shifu” on their shop signs.

The Lesson:

This situation highlights the importance of comprehensive trademark protection. Party A could have avoided this issue by registering their trademark across multiple categories, including category 43 for restaurant services. This is a common oversight, and it emphasizes the need for businesses to consult with trademark professionals who can provide thorough brand protection strategies.

Key Takeaway:

Failing to register China trademarks across all relevant categories can leave businesses vulnerable to legal challenges and disputes, even if they are the original creators of the brand.

03/01/2025

China trademark search is indeed a specialized task

The Nice Classification, an international classification system for trademarks, divides trademarks into 45 classes based on their purpose: goods (classes 1-34) and services (classes 35-45). This classification undergoes minor revisions annually. Trademarks used on goods are referred to as “trademarks for goods,” while those used on services are “trademarks for services.”

Applicants can conduct trademark searches themselves using the free online search system provided by the China National Intellectual Property Administration (CNIPA) on their website, or they can entrust professional China trademark agencies to perform searches using specialized software.

Example:

A game development company looking to register a trademark for a new game should prioritize registering core classes before the game’s launch. These include:

Class 9: “Computer game software,” “Downloadable computer application software”
Class 28: “Game apparatus,” “Game consoles”
Class 41: “Providing online games on computer networks”
Class 42: “Computer software design,” “Website services”
Once the game gains significant market traction, they can register related derivative classes:

Class 16: “Pictures, posters, stationery”
Class 35: “Advertising”
Class 38: “Internet chat rooms”
It’s also advisable to register copyrights for the game’s logo and name for better protection.

China Trademark Search Process:

Search for prior similar or identical trademarks.
Check for any negative implications of the trademark.
Assess the distinctiveness of the trademark.
Analyze and filter the search results.

The results from the CNIPA’s website are basic. Professional trademark agents need to analyze them based on the “Trademark Examination Guidelines” to determine similarity, and use the “Nice Classification” to define the specific name, class, and goods/services for the application. A trademark search report is then generated, indicating the estimated success rate and suggesting suitable classes for registration.

More info please visit our website:
https://callmedrake.com

30/12/2024

How to Register a China Trademark

For Chinese applicants, there are two ways to register a trademark:

1. Using a company’s business license: The trademark will be owned by the company. This makes the company look more formal and established, as the trademark will be listed under the company’s name. However, if the company is dissolved or undergoes changes, modifying the trademark ownership can be complicated and costly.

2. Using the owner‘s individual business license: The trademark will be owned by the individual. This offers more flexibility for transferring or changing the trademark ownership later on, as it only requires the individual’s ID card. However, it may not convey the same level of formality as a company-owned trademark.

Important Note: Chinese Individual trademark registration requires an individual business license.

Trademark Types
Trademarks can be registered in various formats, including:

1. Graphic trademarks
2. Chinese character trademarks
3. English letter trademarks
4. Combination trademarks

Caution: While it’s possible to apply for a combination trademark (e.g., Chinese + English + graphic), the application will be reviewed separately for each element. If any element fails the review, the entire application will be rejected, resulting in a lower success rate. Furthermore, combination trademarks cannot be used separately once registered. They must be used exactly as they were registered.

Recommendation: Register each element separately (e.g., one for Chinese, one for English) to reduce registration risk and increase flexibility in usage.

Trademark Search
Conducting a thorough trademark search before applying is crucial. This helps:

1. Increase the chances of successful registration
2. Save time and money by avoiding potential rejections and appeals

Refer to the guide “How to conduct a China trademark search” for more information.

Submitting the Application
You can submit your trademark registration application in two ways:

1. Directly to the Trademark Office in Beijing: This requires you to prepare all the necessary documents and ensure they meet the official requirements.

2. Through a trademark agency: This is a more convenient option, as the agency will handle all the paperwork and procedures for a fee.

Some local Administration for Market Regulation offices now also accept trademark registration applications. However, similar to applying directly to the Trademark Office, you need to prepare all the required documents yourself.

More info please refer to our website

Secure your brand with professional China trademark registration services from callmedrake. Today apply for guaranteed success in your business.

24/12/2024

The trademark market is a mixed bag. It’s easy to run into unscrupulous trademark agencies that charge exorbitant fees, ultimately harming both themselves and their clients. In contrast, legitimate trademark agencies follow a standardized process, saving you both money and worry.

So how do you find a legitimate China trademark agency?

1. Check for registration. Generally, legitimate trademark agencies must register with the China Trademark Office. You can verify a company’s registration on the Trademark Office website (CNIPA) under the trademark agency section. This is an important step in verifying the legitimacy of a trademark agency and the first step in identifying fraudulent agencies!

2. Examine their words. Pay attention to their promotional claims. Some agencies lure clients with promises of “free” service, “100% registration success,” or “obtaining a registration certificate in just a few months.” These are all gimmicks. Here’s why:

(1) Some agencies use “free” or “low price” as bait. While the initial service might be free or cheap, subsequent fees can be astronomical. Free trademark registration? Unreliable!

(2) After an individual or agency submits trademark application documents, the Trademark Office manually enters them into a computer database. This manual entry takes time, creating a “blind period.” During this time, no one can search for the information of the trademark application being entered. This means any trademark application might conflict with a prior application within the blind period, potentially leading to registration failure. The blind period risk is objective and unavoidable, so agencies claiming 100% registration success are definitely unreliable!

(3) China trademark registration involves several stages: formality examination, substantive examination, preliminary examination announcement, and registration announcement. The substantive examination alone takes 7 months, not to mention the preliminary examination announcement and registration announcement periods. Claims of obtaining a registration certificate within a few months are undoubtedly false and unreliable!

Therefore, when looking for an agency, consider visiting their office for an on-site inspection. This can help expose unreliable trademark agencies.

More details https://callmedrake.com

19/12/2024

How to conduct a China trademark search

Trademark searching refers to the process where an applicant, before filing a trademark registration application, searches and retrieves existing registered trademarks to check for any conflicts. Simply put, it's about checking if there are any identical or similar trademarks to the one you intend to register, and whether it meets the trademark registration regulations.

In China, there are two main avenues for trademark searching:

1. Conducting the search yourself on the China Trademark Office website (free).

The website address for the Trademark Office is https://wcjs.sbj.cnipa.gov.cn/cas/login.

However, the China Trademark Office website requires registration, which can be a hassle for beginners. Moreover, the website is only available in Chinese.

The website presents a search form where you input your query. For instance, you need to enter the Nice classification number. Trademarks are categorized into 45 classes; you can refer to the trademark classification guide to find the class your goods or services belong to. For example, for clothing, you would enter 25. “Similar group number” refers to the subcategory of goods. Again, refer to the classification guide to find the specific subcategory under Class 25. Each subcategory has a number, which is the similar group number. For example, if you are looking for shoes under Class 25, you would enter the similar group number for shoes. There are six search methods: Chinese characters, Pinyin, English, numbers, first character, and graphics. The first five are straightforward. For graphic searches, you need to refer to the graphic code guide, which details the codes for various graphic elements. For example, to search for a circle, you enter the corresponding code, and the results will show all graphic trademarks containing a circle. The search type is also easy to understand. Finally, you enter the search content.

It's important to note that even if you see the search results, without professional trademark knowledge and years of experience, it can be difficult to understand them. Trademark regulations are complex and require expertise to interpret.

2. Engaging a China trademark agency.

Generally, graphic trademark searches are charged, but word trademark searches are free. However, this is contingent on finding a reputable agency. A conscientious trademark agency will act in the client’s best interest and honestly inform them about the chances of success of registration. If the chances of success is too low, they will advise against registration or modify the mark. However, unscrupulous agencies prefer clients to fail in registration so they can charge exorbitant fees for review and appeals, which are much higher than registration fees. Their usual tactic is to offer free or extremely cheap registration without conducting a proper China trademark search or by providing perfunctory results. Even if they know the registration success rate is low, they will still encourage the client to proceed. Therefore, it is advisable to engage a conscientious trademark agency for the search, which saves you trouble and provides professional advice.

Finally, it is crucial to remember that whether you conduct the search yourself or entrust it to a trademark agency, there will be a blind search period of 1 or 2 months, which is unavoidable.

More details: https://callmedrake.com/how-to-conduct-a-china-trademark-search/

16/12/2024

HOW TO REGISTER A TRADEMARK IN HONGKONG

Step 1: Conducting a Comprehensive Trademark Search
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money. Trademark Study (1 working day), You will receive a Detailed registrability report.

Step 2: Confirm the Mark You Want to Register
Sometimes you may want to file both Chinese and English version of the word mark in HongKong to further protect your branding. We would help you if you need the mark of Chinese version.

Step 3: Select the Goods/Services
HongKong uses the International Classification of Goods and Services under the Nice Agreement. This is an international recognised series of 45 classifications which may be applied to goods and services.
It is necessary to file a separate application for trademarks in each of the classifications you are choosing. One trademark in one classification will not cover other classifications, and therefore your trademarks may be open for use there by others. Typically 10 items per class may be registered by default, with additional costs for each item in addition.

Step 4: Confirm the Applicant's Name and Address in English or Chinese
The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of individual applicant.

Step 5: Required Documents
1. Scanned copy of the Power of Attorney (POA) signed by the applicant;
2. Scanned copy of the company’s certificate of incorporation; copy of passport for individual applicant;
3. Proposed mark.
Our trademark experts will assist you in creating, organizing, and translating these documents wherever necessary. When all the documents are prepared, your mark will be filed within 1 working days. Then we will send you HongKong Trademark number.

07/12/2024

What is Certified Copy of Trademark in China? If you lost your China trademark certificate or applied for your trademarks by Madrid system, maybe you need this certified copy.

04/12/2024

How to Response to the Refusal of the Trademark Application in China
Step 1: Conducting a Comprehensive Refusal Study(1 working day)
Step 2: Filing the response to the refusal without written review(before the deadline)
Step 3: Filing the written review(3 months)
Step 4: Waiting for the result of the response to the refusal of the trademark application from CNIPA(3 months)
More details please visit our website: https://callmedrake.com/how-to-response-to-the-refusal.../

03/11/2024

TRADEMARK EXTENSIVE STUDY
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money.
WhatsApp: 8483 4225
https://callmedrake.com

03/11/2024

Sale price: USD320 for applying for your trademark in China
(one class include Govt Fee)
*No other fees for registration if no rejection or opposition.
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Trademark Extensive Study
Trademark Filing
Check Status & Procedure
Online Trademark Monitoring
Free consultations with no obligations
WhatsApp: 8483 4225
https://callmedrake.com

03/11/2024

CHINA TRADEMARK REGISTRATION PROCEDURE
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FORM EXAMINATION(1 month)
You will receive a Notification of Trademark Registration Application Acceptance issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
SUBSTANTIVE EXAMINATION(3 months)
You will receive a Notification of Preliminary Approval or Rejection issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
PUBLICATION(3 months)
In case of no trademark rejection, your trademark registration will be published in the e-Gazette for purposes of opposition. You will receive a notification of disapproval if third parties oppose your registration.
GRANT OF PROTECTION(1 month)
In case of no trademark disapproval, you will receive a electronic Trademark Registration Certificate issued by Trademark Office of CNIPA. The mark is now GRANTED PROTECTION.
WhatsApp: 8483 4225
Email: [email protected]
https://callmedrake.com