Patents and Trademarks Registration in China | Asia

It is important to remind you that trademark is another way of referring to your brand. Consumers’ purchasing decisions are influenced by trademarks and the reputation such brands represent. Trademarks are important assets and help grow your business. Trademarks provide value beyond your core business. Trademarks can lead the way for expansion from one industry to another, and can lead to the acquisition of your business by a larger corporation.

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Asian legal systems guarantee protection to foreign trademarks and patents, however, there are differences among the various Asian countries and differences with European and Western countries. In China, for example, with the exception of the "well-known" trademarks, only trade marks registered in China are protected by the law. China uses the "first-to-file” system, meaning that the party who files for registration first gets the trademark even if someone else owns the rights elsewhere. Unfortunately, this system exposes a business to a high risk because anyone can become the owner of a trademark and its related rights. Furthermore, the registration of trademark is prerequisite for taking legal actions.

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There are many cases of appropriation of trademarks by Chinese companies through this unfair use of the law. Very often, the same Chinese partner registers its partner’s trademark, in order to place then counterfeit products on the market.

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Therefore the registration of a trademark protects a business against: 

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• the use of your trademark and identical or similar trademarks of identical or similar goods without your authorization

• the sales of counterfeited goods with your registered trademark

• counterfeit of your trademark, or making representation of your registered trademark without your authorization, and the sales to a third party of your counterfeit trademark or your trademark representation without your authorization

• the replacement without your authorization of your trademarks and placement of goods bearing the replaced trademark

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Why register your patent in China-Asia

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A patent gives its owner the exclusive right to prevent others from making, using or commercially using an invention-creation without permission during a limited time. The legal protection can only be obtained upon registration. Patents are territorial rights. A patent registered in other countries is not automatically protected in China and Asia. 

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Asian legal systems generally recognize three types of patents: 

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• Invention, defined as any new technical solution relating to a product, a process or improvement of a process or product. The validity of a patent is 20 years, starting from the filing date

• Model of utility, defined as any new technical solution relating to the shape, structure, or their combination, of a product, which is suitable for practical use. The validity of a model of utility patent is 10, years starting from the filling date 

• Design, defined as a new design of the shape, of a model or their combination, or the combination of colors with shape or pattern, of a product, which creates a sense of aesthetics and is suitable for industrial applications. The validity of a design patent is 10 years, starting from the filing date.​

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For consulting about intellectual property strategy, or in case of IP infringement and legal assistance, please visit our Legal/Tax/Accounting section and send a request to the legal division of the jurisdiction of your interest. If you need register your trademark or patent, support during a fair trade/exhibition, please send a request to: info@lengepartners.com

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For further information, please visit our Business Insights section or our YouTube Channel.​