A brand name that sells well in Chicago can hit a wall in Shanghai before the first shipment lands. A careful China trademark register search shows what blocks you, and this post walks through each check.
How to Run a China Trademark Search Step by Step
A good process will save you money before you have to pay the application fee. Proceed according to the steps sequentially.
● Determine Your Brand Name, Logo, and Associated Trademark Classes
The first step is to determine exactly what you wish to protect, for example, a name or logo. You then have to classify your goods according to the correct Nice class because there are subclasses in China.
● Check the China Trademark Database for Similar Names
Next, review official CNIPA records for exact matches and spelling variants. Try spacing changes and shortened stems too, since copycats rarely copy exactly. The WIPO database adds a quick screen, though official records matter most.
● Examine Chinese Character Alternatives and Sound Alike Marks
Chinese consumers base their decisions on Chinese brand names; therefore, select your own characters first. The next step of a China trademark register search will cover the characters, pinyin, and phonetic elements. Besides that, a similar-sounding trademark may stop you.
● Review Similar Marks and Their Registration Statuses
Register the close match along with its owner, status, goods/services, and classification. Afterwards, classify each match into low-risk, moderate-risk, and high-risk categories. Also look into the reason for the lapse of an abandoned mark.
What Should You Check Before Registering a Trademark in China?
The clear answer raises some questions nevertheless. These controls can aid in your making a filing determination based on raw search results.
● Confirm the Availability of the Trademark for Your Goods/Services
State your current product lines and future product plans for sale in China. Compare this information with prior documentation, as trademark rights are granted on certain products. Hence, even a seemingly unencumbered trademark can infringe your category.
● Evaluate the Risk of Similarity that Would Cause Rejection
Even similarities in sound or look can lead to rejection, not necessarily identical marks. However, a change in just one letter in a mark for the same goods will not necessarily ensure that the mark is saved. Nonetheless, a similar mark does not necessarily stop your plans.
● Investigate Existing Registration and Application
The Chinese prefer to grant registration to the earliest filer. Therefore, you should see whether your name is filed or not. In a trademark search China, even pending applications will be checked, not just those that have been filed. Thus, you may detect the risk of squatters.
● Research Chinese Brand Names
Find out if your Chinese name or similar-sounding name is already owned by someone else. The English translation does not cover the Chinese version of your brand. This is why most American companies hire a specialist for interpreting results.
Conclusion
The process for conducting a thorough China trademark search begins with determining the mark and class, researching the official record and soundalikes in China. So, conducting the final analysis on the above factors is essential before filing.
