The following introductions of the current situation of trademark filing in China may help you.
- First to File system
China adopts First to File system. It means that company/individual who first files the applications gets the registration. Normally speaking, only to get the registration, the use of the trademark would be safe. Thus, it is strongly recommended filing trademark application as soon as possible.
- Money spent BEFORE saves money AFTER
As Chinese market is opening more and more, especially with the fast development of e-commerce, Chinese consumers have more chance and various ways to know foreign brands and buy foreign products.
Some trademark applicants also take this chance to apply trademark applications of foreign brands in a rush. There is a specific word describing this “trademark squatting”. Trademark squatters register international brands in China anticipating their entry China. Once they enter China, the squatters try to sell them back to the brand owner to earn profits. Some trademark squatters even use the reputation of the international brand to establish their own companies and make a profit on the original brand’s value.
If you lost the advantage of prior filing, there would be not only risk of trademark infringement, but also lengthy battle against the squatting, which may last for many years. Here below is the estimated time for the procedures against the squatting:
12~18 months for opposition
9~12 months for cancellation based on non-use for consecutive three years
9~12 months for review of cancellation based on non-use for consecutive three years
12~18 months for invalidation
The battle against the squatting is not only time consuming, but also costly, and the result is not always satisfying. Even at last, you need to pay high cost to buy your trademark back. While, an early application may help you to avoid all the above.
- Earlier the application is filed, more chance to get registered
In recent years, with the development of the market, the amount of trademark applications in China increase very quickly. In 2007, there are over 5.74 million of trademark applications filed in China. In the first nine months of this year, the amount of trademark applications is 5.5 million. By the end of September of 2018, the total amount of trademark applications in China is 17,181,000. China has consistently ranked first in the world in trademark applications for many years.
Such large number of prior existing trademarks makes the later application difficult to be exempt from similarity conflict. Thus, to file trademark application earlier, you will earn more chance to get the registration.
- Easy application way, low price
China government pays a lot attention to the IP field, and releases many policies and measures to encourage market entities to file IP applications.
To apply trademark application in China, there is no need to provide evidence of use. You just need to submit the application form and business license or passport to show the existence status. It is very easy and convenient.
The cost for trademark application in China is also low. You only need to pay CNY 300 (appr. USD 48) of official fee and certain attorney fees.