How hard is it to get a trademark in China?

How hard is it to get a trademark in China?

I won’t lie, it’s quite hard for foreign companies to register trademarks in China due to the bureaucracy and high language skill involved in the process. Nonetheless, you should be at least planning on registering your trademarks, and therefore you should have an understanding of the process.

What does it mean to have a Chinese trademark?

China Has a First to File Trademark Registration System This means that China does not recognize unregistered trade mark rights. So you must register your trademark to have any trademark protection. Without trademark protection, someone else can register “your” trademark and then prevent you from using it.

How much does it cost to register a trademark in China?

Typically, the cost to register a trademark in China is $850 in legal fees for applications in one class. Chinese government fees are $50 per class.

Does China have common law trademark rights?

Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for “well-known” marks, as detailed below). …

Does China have a patent system?

Patents in China are granted by the China National Intellectual Property Administration (CNIPA), which was renamed in English on 28 August 2018 from State Intellectual Property Office (SIPO). There are three types of patents: invention patents, utility model patents, and design patents.

How do Chinese trademark laws differ from those in the US?

As what we have pointed out earlier, the most significant difference between the trademark law of the People’s Republic of China and the trademark law of the United State of America lies in the fact that China adopts “first-to-file” principle while the US adopts “first-to-use” principle.

How long does trademark last?

ten years

Should I trademark my logo or name?

Ideally, you want to trademark them both as two separate trademarks because each would protect different elements of your brand. One would protect the literal part of it, the name, and the other would protect the graphic representation of that name.

Can someone take your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can two companies have the same name?

Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.

Does registering a company protect the name?

Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.

How do I protect my small business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

How do I make sure no one can steal my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

Can you sell a product without a trademark?

You can sell products or offer services in the United States without having a registered trademark. There are several reasons why registering your trademark is a good idea.

How much does it cost to trademark business name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

Do I need a trademark if I have an LLC?

When you own a small business, your name is everything. If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Is it easy to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Do you really need a trademark?

In general, you must use a trademark in your business in order to have trademark rights. But the USPTO offers a way for businesses to preserve their right to use a trademark in the future. You will need to begin using your trademark and submit additional paperwork to complete the federal registration process.

What happens if you don’t trademark?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

What is the best trademark company?

The Best Trademark Registration Services

• Legal Zoom.
• Tradmark Center.
• My Corporation.
• Trademark Factory.
• Trademark Express.
• Rocket Lawyer.
• Trademark Plus.

Is trademark and copyright the same thing?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Which trademark application should I use?

You should probably use TEAS Plus if you’re able to find a description from the Trademark ID Manual that accurately describes your goods and services. TEAS Plus is often a good option for first-time or inexperienced applicants, especially those who aren’t working with an attorney.