Basic Introduction

If you do not want to miss the opportunity in China, then owning a trademark is necessary.

Owners of registered trademarks have the ability to prevent others (i.e., their competitors, partners in China, Lemon Accountancy had clients that found out their trademark was registered by their supplier in China and other third parties) from using their registered trademark without permission. Your registered trademark can also successfully prevent others from: (a) acquiring trademark rights in your trademark, and/or (b)- claiming that you are infringing their trademark rights. Trademark Infringement actions can be costly. Few companies have the financial strength to overcome the full or partial loss of their right to use their own business name or product name. Consequently, trademarks are critical business assets. Coca-Cola is commonly believed to be the most valuable and admired trademark worldwide.

Trademarks protect your business name, product names, Domain names, logos and slogans. The decision to Trademark is likely one of the most important business decisions you will make. Lemon Accountancy would be pleased to assist you with the complex trademark registration process. It's what Lemon Accountancy do best.

Trademark Type

Article 8 of the Trademark Law states that the following visually perceptible marks may be the subject of an application for trademark: words, designs, letters, numbers, three-dimensional signs, and color combinations, as well as combinations of the aforementioned elements. Companies can register the following types of trademarks in China:

(1) Product trademarks are those that are affixed to and identify goods

(2) Service trademarks are trademarks that service providers use to identify the company providing the service, such as the trademark for an airline

(3) Certification marks are symbols that are controlled by an organization that has the ability to oversee certain products of services and which are used by companies or individuals other then the overseeing organization on their products or services to verify the original place of manufacture, the raw materials used, the method of manufacture, the quality or other specific features

(4) Collective trademarks are symbols registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

Registration Procedures

Register your mark early! While the United States confers trademark rights upon the first party to use a trademark in commerce, China has established of a "first-to-file" system that grants trademark rights to the party that first applies to register the trademark. 

Additional Information

(1) Documents required for Trademark Application

-A copy of current Business Registration Certificate of the applicant, if the applicant is a corporation

-A copy of Identification documents of the applicant, if the applicant is an individual person

-Clear image of the trademark

-List of goods or services

(2) Time required: 15-18 months

(3) Period of validity: ten years

(4) Renewal upon expiration: Six months before the expiration of an application for renewal (the renewal is valid for 10 years)