Securing a trademark in China can be a complex process, especially considering the country’s vast number of trademark applications. In this blog post, we will discuss two ways to obtain a trademark in China: the international way and the national way. Understanding the differences between these approaches can help you make an informed decision and streamline the application process.
1. International Way vs. National Way
When applying for a trademark in China, you have the option of choosing the international way or the national way.
The international way involves submitting a trademark application to the WIPO International Bureau through the office of origin. The application then undergoes formal examination by the Bureau and substantive examination by China’s Trademark Office (CTMO) under the Madrid Protocol. This approach allows overseas applicants to extend their trademark protection to China.
On the other hand, the national way involves hiring a Chinese trademark agent to apply directly with the CTMO. Upon approval, applicants receive a Certificate of Trademark granted by the CTMO (it is a digital copy now).
2. Understanding the Differences
In terms of substantive rights and protection, both the international way and the national way offer the same level of coverage. The trademarks are valid for ten years and can be renewed for subsequent 10-year periods. The differences lie mostly in procedural aspects.
3. Benefits of the National Way
In practice, many applicants prefer the national way for several practical reasons.
Firstly, the national way typically offers a faster application process. The international way can take 12-18 months from the date of international notification, while the national way usually takes around one year.
Secondly, if you choose the international way, you will receive a certificate issued by WIPO, which is in English or French. However, Chinese administrative authorities and courts require Chinese language documents as proof of your rights. To enforce your rights or expedite proceedings with local authorities, you will need to obtain a certificate from the CTMO, which is in Chinese. This process can take three months or longer.
Additionally, some local agencies or institutions may only recognize certificates issued by the CTMO through the national way, which displays the national emblem of the People’s Republic of China. Convincing them of the validity and rights associated with documents obtained through the international way can be time-consuming. ( You may check our previous post for more information: Filing a Trademark Application in China
4. Importance of Timely Application
The number of trademark applications in China is continually increasing, making it increasingly difficult to secure desired trademarks. For example, in 2017 alone, over 5.7 million trademark applications were filed with the CTMO, representing a 55% increase from the previous year. Consequently, available trademarks are becoming scarce, and the registration process can be lengthy.
Recent years, the CTMO have tried to speed up their reviewing, in an effort to make sure the average processing time not exceed one year. This timeline can further extend if objections or oppositions arise. Therefore, it is advisable not to delay your application.
When seeking to register a trademark in China, it is essential to choose the most suitable application path. The international way and the national way each have their advantages and considerations. By understanding the differences and acting promptly, you can increase your chances of securing your desired trademark in China.
