Trademark Search by an experienced IP lawyer in China to confirm whether your brand has been registered or is still available in China
US $300 (1 Mark in 1 Class)
Trademark Registry Search
A trademark search is conducted by an experienced licensed IP agent or lawyer in China to confirm if your trademark has been registered in China.
Receive in 3 Business Days
The trademark search written summary will be delivered to your Trustiics dashboard in 3 business days. The written summary will include search results in your named Class(es) including identical or similar marks which would create possibilities of conflicts with your mark, and the registration status of these marks.
What do you need to do?
When you place the order, you will be asked to complete a form to provide such information as
- the description of the mark(s) (brand or logo), your product and services,
- the Class or Classes you want the search to cover, and
- you can upload your proposed mark or trademark registration in your home country.
See “Legal Q&A” below for a detailed explanation of what a “Class” means and how you can decide.
How it works
Select service & fill out the information form
Authorize payment by credit card & multiple pre-vetted lawyers are notified
Service in progress
The first responding lawyer gets the job and starts to work. Online chat becomes available
The lawyer delivers the work for the client’s review. Credit card is charged upon acceptance
One of the following vetted lawyers who responds to your request first will get the assignment and provide the service for you
- IP Prosecution and Protection
- IP Protection Solutions
- IP Consulting
- IP Licensing
- Trade Secrets
- IP Management
- Domain Names
- Unfair Competition
- Patent Infringement
- IP Enforcement and Litigation
What is a trademark?
A trademark can be a word(s), sound, or symbol used to represent a business or product.
Do I need to register my trademark in different countries after registration in my home country?
Registering your trademark can help protect you against others using your trademark without your consent. Be reminded that trademark registration is a country-by-country system. Registration in your home country (e.g. in the U.S. or Canada) does not give you the right to the same mark in another country (e.g. China). It’s imperative that you register your IP in all countries where you’ll be doing business.
Do I need to care if my trademark is registered by someone else in China if my company does not have any business there?
Yes, you should care if your trademark is used or registered by someone else without your permission.
First of all, selling goods and services online, e.g. through Amazon, increases the possibility of others noticing and squatting your trademark in a foreign jurisdiction.
Even if you don’t have any business dealings with the Chinese market, your brand value could potentially be affected if someone else registered or squatted your trademark over there. The cost to get your squatted trademark back in the future is unreasonably high and time-consuming. Sometimes, businesses even have to change their mark when they later expand their business to China.
Why do I need to “search” before I register my trademark in China?
Before registering your trademark in any country, it is a necessary step to first search your trademark to see if it has already been registered by someone else. The search result will then determine the next steps you take to obtain registration of your trademark, whether it is to proceed with filing directly if your mark is still available or to file an opposition or invalidation application if someone has registered your mark.
What is considered as a “Class” for trademark registration?
The Nice Classification (NCL), established by the Nice Agreement, is an international classification of goods and services applied for the registration of marks.
Under the international classification, goods and services are divided into ‘classes’ and ‘subclasses’ for trademark filing purposes. Goods (such as “furniture” or “musical instruments”) belong to Class 01 – Class 34, and Service (such as “treatment of materials” or “education”) belongs to Class 35 – Class 45.
How do I decide the Classes to be covered in a trademark search?
The search should cover the key business activities of the service(s) and/or product(s) of your company. You can use this website of the Canadian government to find out what class(es) your service(s) and/or product(s) cover:
If you have registered the trademark in your home country, your trademark search in China should probably cover the same classes.
If you are not sure about which classes your goods or services fit in or are associated with, please describe your products and their purposes in more detail when you book this service. The trademark agent or lawyer can provide you with suggestions regarding the appropriate classes to search.
When do I need to search for my trademark in China?
You should search for your trademark in China when:
- You are expanding or may expand your business to China,
- You want to register and protect your trademark in China,
- Someone is trying to register a trademark identical or very similar to yours in China, or
- Someone is asking you to buy back your trademark which is being squatted at an extortionate price.
Who can use this China Trademark Search service?
Any company or individual in any of the aforementioned situations and a lawyer who represents such a company or individual.
Why should a trademark search in China be handled by a licensed China IP agent/lawyer?
There are some key differences between North America’s IP protection laws and the laws in China — for example, China has a First to File Trademarks policy, rather than a First to Use one. While China’s trademark classification is based on the Nice Classification system which is widely used in Western countries, China further divides each class into subclasses which added complexity and difficulty for foreigners.
A professionally prepared trademark search report by a reputable and experienced Trustiics trademark agent or lawyer will help you avoid misses and mistakes. He/she will also be able to assist you down the road by advising you on possible actions to take and helping you assess the possibility of success to register your trademark.
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