Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

It takes approximately two years to register a trademark in China. China adopts a first to file rule. The first party to file for registration preempts later applicants. Prior use of an unregistered trademark is irrelevant unless the mark is well known and protected under the Paris Convention.

Local agents approved by the government are required for the registration process. Registrations are valid for 10 years with 0 year renewal terms available. Written license agreements must be submitted to the trademark office for recording when a registrant licenses use of its trademarks. However, there are currently no penalties for not recording trademark licenses. Statutory damages for trademark infringement may amount to RMB 500,000.