Are you manufacturing or importing products to China for sale? If so, it is crucial to register your trademarks in China. Foreign trademark registrations may not always be accepted, and someone else could have already registered your trademark and be using it legally in China without your knowledge. To safeguard your interests, consider trademark license filing and customs recording.
Trademark License Filing
This process legally allows others to use your trademark by signing a trademark license contract that is filed with the China trademark office. For example, a foreign soft drink brand could license their trademark to a Chinese partner to produce and sell the drinks in China, with the Chinese partner paying to use the trademark under license. This protects your brand and ensures the arrangement is legal and recognized by all parties.
Benefits
- Legal relationship
- Payment for use of trademark
- Retention of control over IP
Requirements
- Trademark registration certificate
- Business license
- Trademark license contract
- Registration form
- Company representative’s passport
- Power of attorney
Cost: HK$5,800 (approx. US$900) and takes 6-8 months with the help of a service like Wolster & Co.
Trademark Customs Recording
This mechanism protects your trademark and alerts you if it is being used without authorization. Record your trademark with the China customs General Administration to receive written notice every time goods with your trademark are exported from China. If the goods are not sold by the trademark or license holder, the customs will seize them, deterring copycats and protecting your brand.
Benefits
- Deterrent against IP theft
- Customs supervision across China
- Protection of your brand
- Reduced likelihood of fake products in the market
Requirements
- Business license
- Legal representative’s passport
- Trademark registration certificate
- Transfer and renewal certificate (if possible)
- Power of attorney
- Trademark logo
- Product photos and description
- Contact person information
Cost: HK$5,800 (approx. US$900) and takes 2-3 months with the help of a service like Wolster & Co.
In conclusion, registering your trademarks in China is crucial to protect your business from trademark theft. Consider trademark license filing to allow partners to use your trademark legally, and trademark customs recording to verify the authenticity of goods bearing your trademark. Register your trademarks as soon as possible to safeguard your intellectual property.