| If you are exporting to China, it is
important to consider protecting your brand.
Are there any differences between China and Australia?
Yes:
• first to file wins
• 2 writing systems
• power of attorney needed
• very strict and limited response periods
How long does it take?
It currently takes 2.5 to 3 years to obtain registration.
Unlike Australia, protection starts only from the date of registration,
so it is important to file as quickly as possible.
Because of the dramatic growth in trade marks filed in China, their
office has huge backlogs. Oppositions can take more than twice as
long as in Australia.
Can my trade mark be filed before I start doing business?
Yes. This allows you to protect your brand before you start.
China's first to file system means that if you don't file first,
someone else can jump in and it will be very difficult to stop them.
English or Chinese?
Both. Because English is not widely spoken, Chinese consumers
will often create their own names insted of using English pronounciations.
Ideally, brand owners should create these instead of leaving it
to the market.
Proper English brand names will, however, be used more commonly
than in other countries (like Japan).
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Can an existing registration in Chinese stop me from
registering the word in English?
Yes. This is one reason why it is important to get a professional
to conduct a proper search before filing any trade mark applications.
Can I search the trade marks register online?
Yes, but the search is only available in Chinese. Click
here.
Classification
Goods and services are classified in 45 classes, just like
Australia.
Why Choy Lawyers?
1. We make regular visits to China (Principal Trevor Choy visits
3 to 4 times a year) and maintain links with specialist IP firms.
2. We have clients who are already doing business successfully in
China.
3. We have particular experience in dealing with the unique Chinese
trade mark system
Useful links
IP
Australia's China country page
Austrade
State Intellectual
Property Office
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