With the blooming development of a country and rising in the international status, the accessibility of a country will become much higher and thus it is in an urgent need to raise the awareness of legal protection. In 2018, China had established the “China National Intellectual Property Administration” (CNIPA) which has shown a strong intention to strengthen its legal protection for intellectual property.
To benefit a company’s development, trademark registration in an early stage does no harm when compared in a late stage. A name can be the same, but the registered trademark is unique. The long-term accumulated goodwill and utility value can be formed along with the circulation of a trademark for a company. Nevertheless, having a registered trademark is the prerequisite to enter major e-commerce platforms, namely T-mall, JD.com, pinduoduo (PDD) and AliExpress etc. A brand will no longer be confined to a street store or even a small town, but it can be directly assessed through the internet to the nation and the world. As such, to create the value of a brand, it begins with having a registered trademark.
When it comes to trademark registration, the proposed trademark should be distinctive and easy to recognize. It shall not conflict with other existing trademarks. A trademark applicant should file the registration in commodity to the prescribed application form and the classification for the category. With the reform of the government organizations, the speed of a trademark review will get faster and faster. The CNIPA will review the application within 9 months from the date of receipt of the trademark registration application document, and then the preliminary examination or rejection of the application. The result will not be announced in public.
It should be remembered if the proposed trademark is only in common name, shape and model, it cannot be registered. Since it is only an indication of the product’s quality, main materials, functions, uses, weights, quantities and others, they lack distinctiveness and thus cannot be registered. Meanwhile, by having a professional intellectual property agent to register a trademark, he/she can help to analyze and identify the problems which can ease the burden from the company.
Lately, the numbers of trademark registration have been escalating. It becomes hard to register an eye-catching or special trademark. Since there are same or similar trademarks, the success rate for application has been lowered. Taking Huawei as an example, currently, Huawei has registered over 5800 trademarks. In May, it has registered over 300 trademarks. Counting from 2019, it has registered over 1500 trademarks. Since June in 1994, Huawei has registered trademarks in a double amount when compared with 2018 which has only 1154 registrations. It even surpasses the total amount of registration in 20 years ago. From this case, Huawei has raised its awareness when it comes to intellectual property rights protection which is worth learning from.
Benny Kong Intellectual Property Agent Limited in Shenzhen specializes in local and foreign trademark registration, trademark transfer and trademark-related cases. We focus on the trademark field and dedicated to serving.