How to Conduct a Thorough China Trademark Search
China Trademark Search means reviewing for existing conflicting trademark rights.
This occurs before filing a trademark registration application.
Additionally, a china trademark attorney helps by checking for identical or similar marks and confirming compliance with registration rules.
Please note: Mainland Chinese trademarks are not valid in Taiwan and Hong Kong.
Additionally, to register a Taiwan trademark, a Taiwan trademark search is required.
Additionally, to register a Hong Kong trademark, a Hong Kong trademark search is required.
For example, there are two ways to conduct a trademark search:
Trademark search steps
Additionally, hire a trademark agency to search.
Generally, graphic searches are charged, but text searches are free.
Generally, how does a China trademark agency conduct a trademark search?
As an example, a game developer seeking to register a trade mark for its game should identify the relevant classes. They should do this before launching the game.
Additionally, a china trademark attorney can review the class choices.
- Class 9: Computer game software, downloadable computer application software, and related goods.
- Class 28: Game apparatus, game machines, and related goods.
- Class 41: Providing online games through computer networks and related services.
- Class 42: Computer software design, website services, and related services.
Once the game has gained significant market traction, the company may consider registering its trade mark in additional classes.
Additionally, a china trademark attorney can help identify suitable classes.
- Class 16: Pictures, posters, stationery, and related goods.
- Class 35: Advertising and related services.
- Class 38: Internet chat rooms and related services.
The company should also consider copyright protection for the game’s logo and other eligible creative elements to support future enforcement of its rights.
Additionally, the trade mark registration process, in consultation with a china trademark attorney, involves five steps.
- Identify the relevant classes of goods and services.
- Assess the trade mark’s distinctiveness and any potential grounds for refusal.
- Search for earlier identical or similar trade marks.
- Review and assess the search results.
- Prepare a trade mark search report.
A thorough preliminary search is essential.
Additionally, a reputable trade mark agent will assess the application from the client’s perspective.
It will provide a candid opinion on its prospects of registration.
If the prospects are poor, the agent should advise against filing.
In contrast, unscrupulous agents may encourage clients to file applications with little chance of success. Additionally, some offer free or unusually cheap filing services but conduct inadequate searches or none at all. They may then charge excessive fees to respond to objections or seek a review of a refusal. Finally, these fees can be substantially higher than the original filing fees.
Finally, every trade mark search has a potential blind spot.
Recently filed applications may not immediately appear in the trade mark database.
This delay may last approximately one month.
However, it cannot be eliminated, whether the applicant conducts the search independently or engages a trade mark agent.
Searching on the China trademark office website.
Additionally, the search address for the China National Intellectual Property Administration (CNIPA) website is:
First-time use requires user registration.
Register using your email address.
Additionally, complete the registration by entering the verification code sent to your email inbox.
Additionally, after completing the registration and logging in, the following page will appear.
Begin by clicking on “SISTM” and entering the content you want to search.
As an example, the International Classification number divides trademarks into 45 classes.
Additionally, you can click the search icon on the right to find your class.
Specifically, for clothing, enter 25.
This Similar Group Number refers to subcategories under a main class.
Likewise, click the search icon on the right to see subcategories under Class 25, each with a number in front.
To illustrate, if you want the “shoes” subcategory under Class 25, enter the Similar Group Number for shoes.
There are seven search methods: Chinese characters, Pinyin, English, numbers, Acronym, graphic codes, and search by image. The first five are easy to understand. The graphic search needs explanation. For graphic searches, you need to refer to the graphic code help link. It explains in detail the codes corresponding to various graphic elements. For example, to search for a circle, enter the code for a circle, and the results will show all graphic trademarks containing circles. Finally, enter the search content in the “Trademark content” box.
However, it’s important to note that even if you see the search results, without professional trademark knowledge and years of experience, you might still be completely confused. Setting aside years of experience in the trademark industry, the book on trademark search judgment alone is a substantial volume.
If you need assistance with a trade mark search or registration in China, contact our associates at Drake Chen to speak with a Chinese trade mark attorney. Provide details of your proposed trade mark and the goods or services you intend to offer so they can assess your options and advise you on the next steps.