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TRADEMARK FILING IN CHINA: HOW IMPORTANT IT IS TO OBTAIN A CERTIFICATE IN CHINESE OF YOUR TRADEMARK.

16 November 2018

The protection of your trademark in China can be obtained in two ways: either through the filing of a national trademark, or via an “international” registration (according to the Madrid system at the World Intellectual Property Organization (WIPO)).

Following the registration of a national trademark, a registration certificate in Mandarin is delivered to the holder.

In case of an international application designating China, such document is not sent by the WIPO that only issues a simple “statement of grant of protection”. However, such statement of grant of protection is hardly enforceable against authorities and local partners.

It is therefore strongly recommended to apply for a certificate in Chinese such as in the below example (as it can take several months to get the certificate), from the grant date of protection of the fraction of your international trademark.

The certificate will be required, in particular:

  • to sue for infringement;
  • by customs authorities, online platforms (in the context of filing a complaint, etc.);
  • by local partners as part of your contractual relationship.

Our staff remains at your disposal for any additional assistance and information.

 

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