Full Process of Trademark Registration in China

The entire trademark registration procedure in China starts with a pre-application trademark search. Before filing an application, it is strongly recommended to conduct a search to evaluate the availability of the candidate mark from four aspects: legality, distinctiveness, functionality, and potential conflicts with prior trademarks.

If the mark is deemed available after the assessment in the searches, a new trademark application can be submitted to the China National Intellectual Property Administration (CNIPA).

1. Formal Examination

CNIPA first conducts a formal examination on the submitted application:

- If any defects are found, the applicant shall make corrections as required. The case will proceed to substantive examination once the corrections are accepted.

- If the application complies with formal requirements, it will directly move on to the substantive examination.

2. Substantive Examination

During substantive examination, CNIPA thoroughly reviews the registrability of the trademark. It verifies whether the mark violates relevant laws, lacks distinctiveness, or is identical or similar to any prior trademarks.

Two outcomes will follow this stage:

Scenario A: The trademark is refused

1. The applicant may file a review against the refusal.

   - If the review succeeds: The trademark will be published and finally granted registration if no one files opposition agaist it.

   - If the review fails: Judicial remedies can be pursued in sequence:

Ø File a lawsuit with the Beijing Intellectual Property Court (first instance).

Ø If dissatisfied with the first-instance judgment, file an appeal to the Beijing Higher People's Court (second instance).

Ø If objections remain after the second-instance judgment takes effect, apply for a retrial to the Supreme People's Court.

Scenario B: The trademark passes substantive examination

CNIPA will issue a preliminary approval and put the trademark into publication. If no opposition is raised during the publication period, the trademark will be officially approved for registration.