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Trademark Registration in China
China is a first-to-file country
China’s trademark laws, though relatively advanced, are different to the Western standards in numerous ways. China is a first-to-file country. Hence, whoever files the trademark first gets it. If the same applications are filed on the same day, the preliminary approval will usually grant to the trademark which was used the earliest.
Our China trademark application service starts at
US$580
It includes government fee for one class and our service fee for the trademark registration.
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How to start?

The company can submit an application with the China Trade Mark Office directly or file the application through the World Intellectual Property Organization.

How fast does it take?

The duration of application is about 12 to 18 months and its registration validity last a period of 10 years. Companies may want to submit the renewal application 6 months before the expiry.

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Trademark Case Study in China
MUJI
Image Source: Wikipedia
MUJI Japan

Many famous companies have lost trademark disputes in China. A recent example is that the original MUJI (Japanese company in 1990) had to compensate the Chinese company MUJI (Beijing company in 2015) for trademark infringement. Due to the difference of culture, legal systems and practice, it is important for companies to register its intellectual property in China as early as possible.

Hermes
Image Source: Wikipedia
Hermes France

Another example is the French luxury group, Hermes, has lost its trademark infringement lawsuit to a Guangdong China cased clothing company, Dafeng Garment Factory. While Hermes has registered its English name back in 1977, they never registered its Chinese name as a trademark. In 1995, Dafeng Garment Factory applied the Chinese pronounced name “爱玛仕” of Hermes for its clothing products. The application had passed the board’s preliminary review and was then announced to the public. In 1997, Hermes appealed to the board, claiming that the name is remarkably similar to their Chinese name “爱马仕”. The two names share the same pinyin spelling, Ai Ma Sh. However, the trademark board rejected Hermes’ appeal in 2001.

Procedure in China
Trademark Registration in China
If a trademark is successfully registered in the Mainland of China, does it mean the trademark is also protected in the Hong Kong?

No. Registering a trademark in the Mainland of China and in Hong Kong is a separate system of protection and registration. Having a registered trademark in Mainland of China does not automatically protect your mark in Hong Kong. It also does not cover elsewhere in the world. You can apply for the registration of a trademark in each separate jurisdiction.

If you want to protect your rights in China, feel free to contact our specialist at info@getstarted.hk

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