Trademark Application Procedures and Costs in China: A Guide to Successful Trademark Registration
Registering a trademark in the Chinese market is a very complex process, and it is essential to fully understand and respond to various legal and procedural aspects during this process. China is one of the countries with the highest number of trademark applications worldwide, but its high competition rate and strict examination criteria result in a relatively low registration success rate. Therefore, thorough strategy development is necessary before filing a trademark application, with particular emphasis on carefully reviewing similarities with existing trademarks.
High competition rate and the need for thorough prior research
China actively protects trademarks based on its vast population and huge consumer market, and since trademarks registered in China are protected nationwide, it is necessary to carefully review whether similar trademarks are already registered at the time of application. Since trademark registration in China is based on the first-to-file principle, securing the trademark is very important; overlooking similarity to existing trademarks can lead to rejection during the registration process. Therefore, it is necessary to pre-evaluate the possibility of trademark registration based on prior research by local experts.
Unique characteristics of the criteria for judging trademark similarity in China
China's criteria for determining trademark similarity differ somewhat from those in other countries, including South Korea. In Korea, trademarks can be distinguished by differences in Chinese characters or shapes, whereas in China, if the main elements are similar, the overall impression may be considered similar, which can be grounds for rejection. For example, even if the Chinese characters or main design elements differ slightly, if the core motif or structure is deemed identical, it is likely to be considered a similar trademark. Therefore, when registering trademarks in China, you should carefully plan your application strategy by considering the overall impression, beyond minor differences.
Chinese-style brand translation and localization strategies
In China, Hangul is regarded as a shape, recognized not as a character but as a simple design element. As a result, Korean trademarks are not treated similarly to trademarks with different pronunciations or meanings, and even if differences in form are emphasized, trademark protection can be difficult. Therefore, when registering trademarks in China, it is effective to use Chinese or English trademarks familiar to local consumers instead of Hangul. Using a Korean trademark as is may result in limited trademark protection, so it is recommended to file in a format that can be read and understood locally for entry into the Chinese market.
For example, successful foreign brands in the Chinese market reinvent Chinese names to fit local culture, leaving a strong impression on consumers. Coca-Cola's '可口可樂 (Kekka Curer)' emphasizes a friendly image by meaning 'delicious and enjoyable cola,' while Nike uses the Chinese character 'ナイ克' (Nike), symbolizing 'victory,' to emphasize its positive brand image. By choosing a brand name that considers meaningful translation and pronunciation, brand value can be strengthened and naturally accepted in the local market. When entering the Chinese market, it is effective to develop a Chinese-style name that reflects the brand's image and values.
The influence of trademark brokers and their response strategies
In China, trademark brokers often pre-register trademarks associated with specific brands, hindering companies' market entry. They pre-register trademarks in industries or related fields where famous brands may enter and sell at high prices or demand royalties. To address this, a strategy is necessary—from the stage of considering entry into the Chinese market—to secure key trademarks and secure key trademarks, starting from the initial stage of entering the Chinese market.
Trademark Application and Examination
In China, trademark applications are submitted to the National Intellectual Property Administration of China (CNIPA), and after filing, Formal examinationand Substantive examinationwill be held. The formal review is the stage of reviewing whether the submitted documents and requirements are appropriate; you must pass this process before moving on to the next stage. Substantive examination is the stage of reviewing whether the trademark itself complies with Chinese law and whether there are any existing similar trademarks. If grounds for refusal are discovered during this process, Immediate rejection without prior noticeTo overturn this, further review must be obtained through a retrial application.
Trademarks that have passed examination Announcement for 2 monthsIt works. During this announcement period, anyone can file an objection, which may affect registration. Once an objection is received, CNIPA will conduct an additional review to assess the validity of the objection. If your appeal is not resolved, registration may be delayed or rejected, so it is important to conduct preliminary investigations and prepare for legal action.
If there are no oppositions or resolutions, the trademark is finally registered, and from the date of registration, 10 years of protectionIt works. Afterwards, you can continue to maintain your trademark rights through the renewal process.
Trademarks that were rejected Application for retrialThrough this, cases that were immediately rejected can be reviewed again without an objection. However, the re-examination process requires additional time and costs, and there is a possibility of rejection during this process. Therefore, sufficient prior research and strategic filing are necessary to minimize the likelihood of rejection from the outset.
Trademark application costs
The main costs required for trademark applications are as follows.
- Chinese Customs Fees: About 51,300 won (270 CNY)
- Foreign agent fees: About 414,150 KRW (300 USD)
- Korean Agent Fees: 250,000 won
In addition to these costs, additional costs such as applying for retrial may arise if the refusal is denied, and attorney fees may be charged for each procedure, so it is important to carefully consider your budget.
Registration Procedure Duration
As China's online application system improves, the registration process has become faster than before. Statistically, the initial review by the China National Intellectual Property Administration (CNIPA) is completed within 4~6 months, followed by a public announcement process that accepts opposition applications within 3 months. If there are no objections or resolution, the final registration is finalized, and the trademark registration certificate is issued, concluding the entire process within approximately 14~18 months
Considerations for Madrid International Applications
When registering a trademark in China Registration through the Madrid international application is not recommended. The Madrid system is a convenient way to file trademarks across multiple countries in bulk, but in China, filing through this system often faces difficulties. The reason is Differences Between the Nice International Classification and China's Trademark Classification CriteriaThis is because cases of trademark rejection occur frequently. Since international applications under the Nice classification may conflict with the classification standards of the Chinese Trademark Office and be rejected, if you wish to protect your trademark in China, it is more reliable to register directly through local applications.
Conclusion
Registering a trademark in China is not just a simple administrative procedure; it requires thorough preparation and a strategic approach. Based on your understanding of the characteristics of the Chinese market and local trademark laws, you should plan your application process and carefully prepare by seeking expert advice if necessary. Through thorough preliminary research and appropriate trademark strategies, you can achieve stable brand protection and successful market entry in the Chinese market.
Pine IP Firm offers trademark registration services optimized for the Chinese market, drawing on years of trademark application experience and expertise. In particular, through close collaboration with reliable local Chinese agents, we provide thorough support to ensure our clients' trademarks are smoothly registered and protected in China. From brand localization to trademark registration in China, Pine IP Firm offers tailored strategies for clients to ensure legal stability and is a reliable partner for successful trademark protection in the Chinese market.
