F.A.Q._Shenzhen Typicone Intellectual Property Agency Co.

Why register a trade mark in China?

Registering your trade mark means that you have the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If other traders use it in the China in relation to the same or similar goods or services without your consent, they may be liable for infringement of your trade mark and you may take legal action. If you do not register your trade mark, you may still use it but it is harder to prove that you are the "owner" of the mark and as such your protection is limited.

Furthermore, China trademark registration adopts the "first-to-file" principle. If two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the prior applicant’s mark shall be initially examined and announced. If two applications are filed on the same day, the previously used trademark will be initially examined and announced. If you ever used the mark while did not file the application for registration in China, it is normally hard to defend when you find the third party registered the same mark in China, otherwise you can prove your brand has raised famous reputation before the date of application or the third party registered the mark maliciously.

How to classify my goods and services of trademark?: Your application must include a list of all goods and services which you want to register your trade mark with. You must list the goods and services in the class(es) they fall in. Before you select the goods and services, you can refer to the general classification under the 2023 version of the 12th edition of the Nice Classification by the World Intellectual Property Organization (WIPO), which guides you how to find out the class(es) that your goods and services falling into. CNIPA added some goods and services on the basis of Nice Classification, and we are happy to advise you before filing the application.

What issues should take into consideration before applying for a trademark?: When CNIPA receive your application, examiner will check it and decide whether need to object to your trade mark based on the criteria laid down in the Trade Marks Act. Therefore there are a number of factors which you must consider before applying to register a trade mark. Listed below are some important points:

Is it distinctive?
Does your trade mark stand out from the crowd? Does your trade mark, be it a logo, word, picture, etc. clearly set your goods and services apart from those of other traders? Examiners will object to the mark if they do not think it does. They will consider invented words or everyday words that are in no way associated with your line of business as distinctive.

Is it a description of your goods and services?
If your trade mark describes the goods and services or shows the quality, purpose, quantity or value of them, then examiners are likely to object to the mark. Similarly they are likely to object to the use of geographical name in a mark. For example, they would for the above reasons object to the following marks: "QUALITY HANDBAGS", "FRESH AND NEW" and "NEW YORK FASHION".

Is it a well known term in your line of business?
If your trade mark is a well known term or representation in your line of business, they would object to it. For example "V8" for vehicle engines.

Other people's Trade Marks
Has someone else already registered or applied to register the same or similar trade mark for the same or similar goods and services? If your trade mark looks or sounds the same or similar to another registered mark, or one that is being applied for, your trademark will be objected.

Required documents and simple process for trademark registration in China.: 1)Required documents of trademark application for registration in China
· 1. POA-signed by representative, need not to notarize or legalize.
· 2. Copy of Business Certificate-signed by representative, need not to notarize or legalize.
· 3. Clear representation of logo/mark（400*400dpi—1500*1500dpi）.
· 4. Class with goods/service items.

2)Flow chart of trademark application for registration in China

Types of patents in China

There are three types of patents in China(CNIPA) :

Types	Content	Procedure	Period	Character
Invention	any new technical solution proposed for a product, a process or the improvement thereof.	An invention patent application must go through five stages: admission, preliminary examination, publication, substantive examination, and grant/rejection. It usually takes at least 18 months.	20 years	Invention needs high technical content, especially novelty and creativity, correspondingly, the stability of rights after grant is high.
Utility model	any new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use.	Utility model application can be divided into application stage, examination stage and grant stage. It usually take about 6-8 months.	10 years	The R&D cost and the application fee is relatively low, the R&D cycle is short and protection is timely, the grant frame is fast and the rate is high. But utility model do not undergo substantive examination.
Design	with respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of the colour with shape or pattern, which is rich in an aesthetic appeal and is fit for industrial application.	Design application can be divided into application stage, examination stage and grant stage. It usually take about 6 months.	15 years	The R&D cost and the application fee is relatively low, the R&D cycle is short and protection is timely, the grant frame is fast and the rate is high. But design do not undergo substantive examination.

Can a patent protect my computer software?: Computer software is protected under copyright law. However, patent protection may be available for software related inventions that are not merely computer programs.Essentially, software that merely automates a process that was previously done mentally or manually is not patentable. However, if the software solves a technical problem, it is patentable.

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