China is a member of the Paris Convention for the protection of industrial Property. The international classification of goods is followed in China according to Nice Classification 8th edition (1- 45 Classes). A separate application should be filed with respect to each class of goods/services.
　　 In view of the number of Registered Trademark have exceeded 2.2 million in China and amount of new trademark applications filing at China Trade Mark Office (hereafter “CTMO”). is 500,000 or so every year. So we generally suggest our client to make an official search before filling the trademark application, although it is not essential.
　　 Subject to the results of a trademark availability search, an application for registration of a trademark can be filed in the CTMO. After filing an application, CTMO will issue an official filing receipt which contains relevant information pertaining to the trademark and owner, as well as the filing date. Official Receipt is issued about 3-4 months from the filling date. The period allowed to have the application in order for acceptance by Registrar is 18-24 months.
　　 After examination, if the trademark is registrable, the mark will be published for opposition purposes in the Official Gazette . Publication for opposition by a third party is for a period of 3 months. If no opposition is received, a Certificate of Registration will be issued within a further 3 months or so. It does not need to pay extra publication fees and registration fees.
　　 A registration once granted for protection is in force for a period of ten years from the date of the registration and may be renewed every ten years. A grace period of six months for late renewal is allowed.
　　 If there no evidence showing use of the trademark for three consecutive years in China, anyone may apply to cancel the registered trademark. Therefore, it is important that use of a trademark in China for all of the goods and/or services covered under the registration remains continuous. If use of a trademark in China is by a Licensee, it is also imperative that proper licensing procedures are in place and maintained.