Registering Your Trademark in China: International System vs. National System
Like in many other countries that belong to the Madrid System, China offers two ways to register your trademark: the international system, through the World Intellectual Property Organization (WIPO); and the national system, through the Chinese Trademark Office, a unit of the State Bureau for Industry and Commerce (the so-called SAIC, State Administration for Industry and Commerce).
As we will explain in further lines, broadly speaking the differences that exist between each system are mainly procedural, as the substantive examination carried out by SAIC is the same one for both systems.
In the following paragraphs, we will set forth some procedural particularities of each system.
First of all, in relation to the time that lapses from the filing of the application until the granting of the registration, the national system is in principle faster. Notwithstanding possible objections and oppositions, the title is approximately granted in nine months, whereas the international system can take at least fifteen to twenty-one months.
Besides this, the national system can be more advantageous in economic terms, particularly when the products and services to protect are not many. This is so because the basic fee includes up to ten products/services. An additional fee must be paid for each extra product/service. The filing of an application through the international system has the inconvenience that apart from the basic fee to be paid which is fixed by the Office of the country of origin, and an additional fee needs to be paid for China as the designated Office.
Another aspect that is worth mentioning refers to the costs that the intervention of an agent authorized in China entail, since the intervention of a local agent is compulsory when following the national system.
Finally, as it is known, to apply for a trademark through the international system, the applicant must have already registered or have filed an application in the Office of origin (the so-called basic mark). Obviously, this is not necessary when the application is filed through the national system. Well, in those cases where we have decided to apply for a trademark in China in Chinese characters (see our previous post on this question), the international system would probably not be a good option because it would mean that the basic mark would need to be registered or have been applied for in Chinese characters and this would rarely be the case in practice for European companies.
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- Which sign should I use to commercialize my products and services in China?
- “Port Charlotte” Decision: How Member States’ national GIs affect Community Trademark Registration
- WIPO trademark database excedes the 10 million documents barrier