China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Can a Foreign Company Register a Trademark in China?- CTD 101 Series

Thu, 25 Aug 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

Yes. Foreigners or foreign enterprises can apply for trademark registration in China.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below. 

Under China’s Company Law, foreigners or foreign enterprises can apply for trademark registration in China.

Foreigners or foreign enterprises are those that have no habitual residence or business office in China.

Foreigners or foreign enterprises shall entrust Chinese trademark agencies to apply for trademark registration in China. In contrast, Chinese individuals or enterprises may apply for trademark registration themselves.

1. How to register a trademark in China?

You have two options:

Option one: local application in China

You may apply for trademark registration directly to China’s Trademark Office. All you need to do is to entrust a Chinese trademark agency.

Option two: international application

If you already have a trademark in your country, you may seek registration in China by filing an international application according to the Madrid Protocol with the International Bureau of the World Property Intellectual Organization (WIPO), through your country’s trademark registration authority, since China has joined the Madrid Protocol.

2. Please value your priority

If you have registered the trademark in your country, within six months, you have priority when you register the trademark in China. This will prevent your trademark from being registered by someone else in China.

Under China’s Trademark Law, if you file another application for registration of the same trademark in China within six months from the date of your first application for trademark registration in another country, you can claim priority in China.

This means that during the six months, you are still entitled to the trademark even if you apply for trademark registration later than someone else.

So, you’d better apply for a Chinese trademark within the priority period.

 

 

* * *

Do you need support in cross-border trade and debt collection?

CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: 
(1) Trade Dispute Resolution
(2) Debt Collection
(3) Judgments and Awards Collection
(4) Anti-Counterfeiting & IP Protection
(5) Company Verification and Due Diligence
(6) Trade Contract Drafting and Review

If you need our services, or if you wish to share your story, you can contact our Client Manager Susan Li (susan.li@yuanddu.com).

If you want to know more about CJO Global, please click here.

If you want to know more about CJO Global services, please click here.

If you wish to read more CJO Global posts, please click here.

 

 

Photo by Sarah Arista on Unsplash

 

 

Contributors: Meng Yu 余萌

Save as PDF

You might also like

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

China Enhances Legal Aid Law Implementation

In November 2023, China’s Supreme People’s Court and other top judicial bodies jointly issued measures to implement the Legal Aid Law, clarifying responsibilities and ensuring parties' rights to legal aid.