China Copyright & Patent Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
China trademark registration and protection is one of ATAHK's intellectual property services. To protect your trademark in China, one needs to acquire some basic information about China trademark protection.
1. What kinds of trademarks can be protected in China?
Under the Trademark Law of the People’s Republic of China (hereafter called Chinese Trademark Law), the only condition by which you enjoy exclusive rights to use your trademarks is based on the fact that your trademarks have been registered with the Chinese Trademark Office. For example, in some common law countries, the user of a trademark can acquire the exclusive right to use the trademark by using the trademark in commerce.
2. What kinds of signs can be Chinese registered trademarks?
According to Chinese Trademark Law, any visual sign, if it can be used to distinguish the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colors, and their actual combination, may be filed for registration.So far, Chinese Trademark Law does not allow sound marks, smell marks or other kinds of marks to be registered and the Chinese Trademark Office still doesn’t accept these types of trademark’s registration applications.
3. Application First Principle
This principle is, where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the Trademark Office will grant the trademark right to whichever application is filed first. Where applications are filed on the same day, the trademark right shall be granted to the earliest user, and the other applications shall be rejected and their trademarks shall not be published.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com