Chinese trademark registration 中国商标注册 |
Official Fee 官费 |
Firm Fee 服务费 |
Total(USD) 合计(美元) |
||
1.1 | Applying for a trademark registration (for one trademark in one class) Each addition class |
50,00 50,00 |
100,00 80,00 |
150,00 130,00 |
|
1.2 | Goods and services exceeding 10 items, fee for each adding item |
5,00 | 10,00 | 15,00 | |
1.3 | Trademark searching (per mark in one class) For word mark For device mark |
-- -- |
50,00 100,00 |
50,00 100,00 |
|
1.4 | Claiming Convention priority | -- | 80,00 | 80,00 | |
1.5 | Applying for withdrawing the trademark registration application |
-- | 80,00 | 80,00 | |
1.6 | Applying for re-issuance of a Certificate of Registration) | 80,00 | 100,00 | 180,00 | |
1.7 | Application for registration of Assignment (per case) | 80,00 | 100,00 | 180,00 | |
1.8 | Application for renewal of registration | 80,00 | 100,00 | 180,00 | |
1.9 | Late filing of renewal documents | 80,00 | 800,00 | 880,00 | |
2.0 | Applying for modification of name/address of applicant/registrant(per case) |
80,00 | 800,00 | 880,00 | |
2.1 | Deleting the items of goods or services | 80,00 | 800,00 | 880,00 | |
2.2 | Applying for modification of the attorney. | 80,00 | 800,00 | 880,00 | |
2.3 | Applying for modification of the matter related to trademark application or registration |
80,00 | 800,00 | 880,00 | |
2.4 | Applying for re-issuance of a Certificate of Modification/Assignment/Renewal |
20,00 | 800,00 | 820,00 | |
2.5 | Applying for recorder of a license contract (per case) | 50,00 | 100,00 | 150,00 | |
2.6 | Applying for a cancellation of trademark registration (voluntary) |
-- | 300,00 | 300,00 | |
2.7 | Raising an opposition to a trademark on publication | 80,00 | 300,00 | 380,00 | |
2.8 | Applying for cancellation of registration (based on non-use for three years consecutively)(per case) |
80,00 | 300,00 | 380,00 | |
2.9 | Applying for the review of trademark application refusal | 230,00 | 300,00 | 530,00 | |
3.0 | Applying for determination of disputes concerning registered trademarks |
230,00 | 300,00 | 530,00 | |
3.1 | Non-litigation response | -- | 150,00/per hour | ||
32 | Applying for withdrawing the opposition of trademark registration/ the review of trademark application | -- | 200,00 | 200,00 | |
3.3 | Investigation and evidence of trademark infringement(minimum fee) |
800,00/based | |||
3.4 | Suing for infringements(minimum fee) | 800,00/based |
Multiple-class applications
Multiple-class applications are possible in China.
Filing requirements in China
For obtainment of the date of filing, a trademark application in China should contain:
- a representation of the trademark;
- a list of goods and services;
- the applicant's details;
- the Power of Attorney.
A simply signed Power of Attorney is sufficient. A copy of the form should be provided at the time of filing of a trademark application in China.
If priority is claimed, a certified copy of the Priority Document and its Chinese translation must be submitted within three months from the filing date of the trademark application in China.
Examination, publication and opposition against a trademark application in China
A trademark application undergoes formal examination and substantive examination on absolute and relative grounds within six months from the date of receiving the application documents for trademark registration.
If the trademark application is in compliance with the relevant provisions of the Chinese Trademark Law, the application is preliminarily approved and published.
Within a period of 3 months from the date of the publication, any interested party may file an opposition against a Chinese trademark application.
Grant, validity term and trademark renewal
No official grant fee is stipulated. A trademark in China is valid for ten years from the date of registration. A request to renew the registration must be filed within twelve months prior to the date of expiration. A grace period of six months is allowed by paying a corresponding surcharge. A trademark may be renewed each time for a period of ten years.
Duration of registration procedure
The processing time from filing to trademark registration in China is approximately 9-12 months in case of smooth registration procedure.
Use requirement
A trademark registration in China may be subject to cancellation if it has not been used within a continuous period of 3 years from the registration date.
Representation by a trademark attorney
Foreign applicants that wish to start trademark prosecution in China must appoint an agent, a Chinese IP attorney.