Key Things To Know Before Your Trademark Search China

A trademark is essential for an established business. However, do you know how to secure a trademark for your business? A comprehensive trademark search is crucial before you apply for your trademark. China has a highly competitive marketplace. You should know certain things if you also wish to register your trademark in China. Here is everything you must know before you perform a trademark search China.

First-to-file Principle

Many countries have the 'first-to-use' principle when it comes to trademark registration. However, in China, the rule is a bit different. The country has a 'first-to-file' rule. This means that the trademark applicant gets preference over the one who is already using it. So, it is wise to register your trademark before a squatter steals it.

Compulsory Chinese Name

Another important thing you must know before you perform a trademark search China is that the Chinese name is compulsory. Many businesses do not have a Chinese name even if they operate in China. In such cases, it is wise to register a Chinese version of your brand name. If someone registers a Chinese version of your brand name before you apply, you would face legal issues.

Search for Similar 

Most countries do not allow you to register identical brand names. But the scenario is a bit different in China. The country does not allow the registration of similar trademarks. That is why you should look for conceptually and phonetically similar trademarks when performing a trademark search in China.

Specific Subclasses 

You should also know about specific subclasses in classes of Chinese trademarks before you register for one. The Chinese trademark office divides 45 Nice classes into specific subclasses. You should search for all relevant subclasses and not only the general ones. In such cases, professional help is beneficial as professionals have expertise in searching relevant subclasses.

Transliteration strategy

 

Transliteration or translation is another crucial factor. You should consider translating your trademark into Chinese. One must also consider culture-specific issues in such cases. It is mainly because a poor translation can ruin your brand image. It can even convey negative meanings because of bad translation.

Chinese Name of the Applicant

Additionally, you must know that you must provide your name in Chinese characters when applying for a trademark in China. It often leads to the translation of the applicant's name in Chinese. This is especially necessary if the applicant is a foreign individual. You can take professional help for this process.

Validity and Renewal 

You must also know the validity of a trademark in China before you search or apply for one. The validity of a trademark in China is generally 10 years. It is also necessary that you use the trademark within 3 years of the registration process. Otherwise, your trademark will be cancelled. 

Therefore, China trademark registration has certain unique rules and regulations. As a result, you need to hire professionals who have essential knowledge of trademark registration in the country. They will help you apply successfully without stressing about the application and related compliance.