Having a registered trademark gives your company some brand leverage. It prevents competitors from using your mark to confuse customers with a brand that is similar to yours. You need to take your time and use some of your resources to register your trademark in China. Choosing to export your products to China without any registered trademark exposes your brands to considerable risks.

Reasons to register your trademark

Any trademarks that are registered outside China are not recognized under Chinese law. In case you intend to remain in the Chinese market for the long-term, then you need to begin your trademark registration in China from the word go. China’s law allows a first-to-file basis. This means that whoever applies for any trade mark first will obtain the registration. Unless you can run your business successfully without your current brand, then you should consider registering your trademark in China.

How to register trademarks

Foreign companies without a base in China need a loyal agent to register their mark. There are other service providers that offer similar services that can protect your intellectual property right in China. For a single product class, it costs $500 to register your trademark through an agent. If the trademark registration process is straightforward, it may take about 18 months.

The product class to register your trademark

For proper protection your company needs to register trademarks in specific product classes, e.g. instead of just applying for a trademark under food product you should also consider registering the trademark under possessed foods, health food products and beverages. These are not actual classes of trademark registration in China. The emphasis is to cover all possible classes of goods that interest you. Even product classes that don’t interest you should be registered.

This enables you to avoid having someone register your trademark in different class of goods then eventually giving your product stiff competition. For an average company, the cost of covering all the product classes is prohibitive, in such cases, a lawyer or a trademark agent should be consulted for some expert advice.

Other guidelines for registration

When registering, you need to have the Chinese version of your trademark. It is important to give Chinese consumers a Chinese name to identify your product with. The importance of a good Chinese trademark is equal to an English or French one. You need the aid of someone who speaks fluent Mandarin Chinese to create your Chinese trademark. This helps you to avoid poor or inappropriate trademarks.

The registration of your Chinese trademark should taken as seriously as English or French sign. You need to arrange for the registration yourself instead of letting your local partner or distributor carry out the process for you. You also need to ensure that your trademark does not infringe on any existing trademarks registered in china. Your lawyer or trademark agent can run a search to minimize such risks. You may also carry-out preliminary research using the relevant links.