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Typical Procedure & Timeframe of Trademark Application in China
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If trademark applicants apply to register a trademark directly at CTMO instead of submit their application to China under the Madrid Protocol, the following procedure is what is going to happen:
Step 1. Make one application for each class of products or servicesThe applicant (of their agent, if the applicant is any overseas entity or individual) list, for each class, the goods or services for which the trademark is to be protected. (The examiners refuse trademark applications that simply refer to all the products of a class as stated in the Nice Classification. It is necessary to actually reproduce the items of such list, and if certain goods or services are not included in the Nice Classification, a description of the same should be added.)
Step 2. Formal examinationWhere the formal requirements of the application are fulfilled and the application form filled out according to the relevant rules, CTMO will accept the application and notify the applicant in writing, meaning a Notice of Acceptance will be issued to the agent.This period may last 1-3 weeks.
Step 3. Pay the official feeThe cost of the application depends on the number of goods/services mentioned in the application. The official fee is 300RMB per application covering 10 goods/services (the services and goods had to be in one single classification in the Nice Classification. If the number of goods/services exceeds 10 in one classification, an additional fee of 30RMB is charged for each item.
Step 4. Substantial examinationCTMO next verifies whether the trademark application is in conformity with the Trademark Law, which includes verification of legality), distinctiveness and non-functionality (absolute grounds of refusal); whether the trademark application is identical or similar to other trademarks that have already been registered, or preliminarily approved (but not yet registered), or that have been applied for (but not yet preliminarily approved).This period may last 6-8 months.
Step 5. Preliminary approval and PublicationIf the examination reveals that the trademark application is in conformity with the Law and that there is no other prior trademark, CTMO examiner will preliminarily approve the trademark application and the trademark will be published in the Official Gazette.The Publication period may last 3 months
Step 6. RegistrationIf no opposition has been filed after the expiration of the three months from the date of the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. This period may last 1-2 months.
It’s obvious that above mentioned procedure may take at least one year in total. Of course, it only applies to an ideal situation, meaning no opposition or no objection at all. Once there is any objection or opposition, the whole procedure could be prolonged unpredictably. So, here again is our suggestion: apply for your trademark ASAP!
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