Chinese Brand Registration
If there is only one thing you do having read this paper, this is it, register you company brands, logo and intellectual property in China.
Having your interest protected outside China will not project your interest in the Chinese market.
Any business / person inside or outside China can register a band inside China. There is some protection for the major international band. We understand that the Chinese authorities when reviewing a band application will check there own international band registration database. This database is limited to major bands and offer little protection for SME bands.
In recent years the Chinese authorities have encouraged Chinese companies to register their bands. This has results in many bands been registered in China when Chinese company do not own the banding outside China.
A process summary
- Appoint an agent to handle your registration
Our recommendation is you appoint an agent from your own country. They in turn will appoint a Chinese agent; only a Chinese licensed agent can make the application to the Chinese authorities.
By using a local agent from our own country means you will be working in your local language and under the trading terms of your country.
A local agent from your own country should also have access to the band registration database in China and therefore will be able to make checks on what is already registered. This will save time and money with band submission that will not be successful from the outset.
- Submit the papers to Chinese authorities.
Your agent will handle this matter. Please make sure all the information is correct including the spelling, fonts, etc.
Before submitting make sure through your agent that you are not using words in the brand name that are not allowed or will need further supporting documentation. E.g. country names, “British”.
- Paper are reviewed by the Chinese authorities
The information submitted will reviewed by the Chinese authorities. This is comprehensive and take up to three months to complete.
- Chinese brand registration rejected
The Chinese authorities can reject the registration request. They will give their reasoning.
If it is a point of missing understanding this can often be corrected.
If a change to the band name or spelling is required then a new submission is often required.
- Chinese brand registration acceptance
Once a band registration is accepted there is a two year “cooling off period”. During this period any party can challenge the registration. While it would unlikely that the challenge would be successful there are no guarantee and will result in time and money to resolve.
- Renewal processes
Dependant of the type of registration you may be required to renewal every 10 to 15 years.
Please make sure to understand want is required before you complete this process.
Once you have band registration you can, if you wish, stop Chinese companies selling your band in the Chinese e-Malls as well as reporting “copy” products.