When conducting business in the Chinese market, trademark registration is an important step to protect the brand. For Singaporean Companies, it is crucial to understand the Chinese trademark registration process, required materials and precautions. This tutorial will detail how Singaporean Companies can apply for trademarks in China to ensure effective protection of brand rights and interests.
1. Why do Singaporean Companies need to register Chinese trademarks?
Legal protection: After registering a trademark, the enterprise enjoys exclusive right to use it and prevents others from infringing.
Market access: Many e-commerce platforms (such as Tmall, JD) require brands to hold Chinese trademarks.
Brand value: Trademarks are intangible assets of Companies, which can enhance brand reputation and market competitiveness.
Prevent squatting: China adopts the “first-to-file” principle, and unregistered trademarks may be squatting by others.
2. Basic process of Chinese trademark registration
The Chinese trademark registration process can be divided into the following stages:
2.1 Trademark search:
Before submitting an application, a trademark search must be conducted to ensure that there are no identical or similar trademarks. It can be queried in the following two ways:
Method 1: Search directly on the official website of the China National Intellectual Property Administration (CNIPA) at: http://sbj.cnipa.gov.cn. Professionals can use this method.
Method 2: Through a professional trademark agency (recommended, which can improve the pass rate). It is recommended for non-professionals.
2.2 Submission of application
There are two application methods:
Method 1: Submit directly to CNIPA (requires a Chinese address or entrust an agent)
Method 2: International registration through the Madrid System (applicable to trademarks already registered in Singapore)
Required materials:
- Trademark pattern (clear LOGO or text)
- Biz documents
- Translation documents of subject qualification
- List of trademark classes and goods/services (selected according to the Nice Classification of Goods and Services)
- Trademark agency power of attorney (if applying through an agency)
2.3 Formal examination
CNIPA checks whether the application documents are complete. After meeting the requirements, it will issue an official fee payment notice. After paying the official fee, it will issue a trademark acceptance notice.
2.4 Substantive examination
Examine whether the trademark is registrable (such as whether it conflicts with existing trademarks, whether it violates prohibitive provisions, etc.). At present, the results of substantive examination can basically be received three months after the trademark registration application is submitted. There are three kinds of examination results: examination passed, partial rejection and total rejection.
2.5 Preliminary examination and announcement
After passing the examination, the trademark enters a three-month announcement period. If there is no objection, it will be approved for registration.
2.6 Issuance of trademark registration certificate
If there is no objection at the expiration of the announcement period, CNIPA will issue the Trademark Registration Certificate, and the trademark right will officially take effect, with a validity period of 10 years (renewable).
3. Two main ways for Singaporean Companies to apply for Chinese trademarks
Method 1: Apply directly to the China National Intellectual Property Administration (CNIPA)
Applicable situations:
- Only use the trademark in the Chinese market
- Need to obtain registration quickly (faster than the Madrid System)
Advantages:
- The process is clear and controllable
- Suitable for single-country protection
Disadvantages:
- Need to entrust a Chinese agency (foreign Companies without a Chinese address must go through an agency)
Method 2: International trademark registration through the Madrid System (extended to China)
Applicable situations:
- Have registered trademarks in Singapore
- Plan to protect trademarks in multiple countries
Advantages:
- One application covers multiple countries
- The cost is relatively low (applicable to multi-country registration)
Disadvantages:
- Dependent on the registration in the country of origin (if the Singaporean trademark is rejected, the Chinese part may also be affected)
- The examination time is longer (usually 3-6 months slower than direct application)
4. Common problems and precautions
1. How to choose trademark categories?
China adopts the Nice Classification, which has 45 categories (categories 1-34 are goods, and categories 35-45 are services). Singaporean Companies should select core categories according to their business scope.
2. What if the trademark is rejected?
If you are not satisfied with the rejection result, you can file a review against the rejection. It is recommended to carefully analyze the reasons for rejection to see if it is worth submitting a review against rejection.
You can consider modifying the trademark and then resubmit the application.
3. Trademark renewal and maintenance
Renewal: The validity period is 10 years, and renewal can be done 12 months before the expiration.
Change/transfer: If the company name or address changes, it is necessary to timely submit a change application to CNIPA.
5. Recommended practices
Entrust a professional agency: Chinese trademark laws are complex, and agencies can improve the success rate of registration.
Layout in advance: The Chinese trademark registration cycle is about 7 months if everything goes smoothly, so it is recommended to apply as early as possible.
Monitor the trademark status: Regularly check whether there are applications for similar trademarks to prevent infringement.
6. Summary
For Singaporean Companies, registering trademarks in China is a key step to enter the market. Through this tutorial, you can clearly understand the application process, required materials and common problems. It is recommended to combine the services of professional agencies to ensure the smooth registration of trademarks and escort the development of the brand in China.
IPRLaoliu has its own trademark agency in China, Tianjin Puyi Intellectual Property Agency Co., Ltd. (www.puyizhichan.com). If you have any needs for Chinese trademark services such as trademark query, trademark registration, trademark change, trademark transfer, trademark review, trademark renewal, etc., please feel free to entrust me to handle them. My email: iprlailiu@163.com.
