Intellectual Property – The Core of Market Competition

Intellectual property (IP) is a type of property that includes intangible creations of human intelligence, including patents, copyrights, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and trade secrets in certain jurisdictions.
A trademark is a unique identifier that identifies goods, services, or related specific individuals or businesses. It can be in the form of graphics or text, or represented by sound, smell, or three-dimensional images.
Trademark registration brings exclusive rights to the owner against the use of the trademark by others, and grants the right to allow others to use the trademark for remuneration. Generally speaking, trademarks have the following three functions:

• Indicate the source or ownership;
• Ensure that the quality or characteristics of goods or services reach an equivalent level;
• For advertising purposes;

TM in the trademark（ ™） And R（ ®） Difference in symbols

TM（ ™） What does the symbol mean?

TM（ ™） The logo indicates that the trademark is not registered and is usually used for advertising or brand promotion purposes after submitting a trademark application. When a company is not officially registered with the China Trademark Office, the symbol will be used for identification after the text, image, or other elements it creates.

R（ ®） What does the symbol mean?

R（ ®） The symbol indicates that the trademark has been officially registered and fully registered, and will be protected by the laws of the People’s Republic of China. The trademark registration is valid for ten years and can be extended through renewal applications. With R（ ®） Any unauthorized use by the trademark owner of the symbol will be subject to legal punishment.

How to register a trademark in China?

Of course, you can register your own trademark. However, considering that you may be familiar with Chinese trademark regulations and processes, it is not recommended to do so as it may be very time-consuming. Collaborating with Simon may be your best choice to save money and time.
Generally speaking, the deadline for trademark application and registration can last for about one year or even longer. The typical application process for a trademark is as follows:

Step 1: Conduct a comprehensive trademark search

Not all trademarks can be registered. Your trademark must be originally designed and created by you in order to be approved and registered. Our intellectual property experts will assist you in conducting a comprehensive trademark search from official databases to identify any potential conflicts and prevent you from wasting time and money. This search will take approximately one business day, and you will receive a detailed report along with our recommendations on how to avoid any issues with registering your trademark and maximize the success rate of your application.

Step 2: Complete the design and confirm the trademark

A trademark can be a combination of Chinese characters, English, numbers, images, 3D visual effects, colors, etc. You need to finalize the combination of elements you want to include in the trademark. Once the combination trademark is approved, you will not be allowed to use these elements individually.

Step 3: Formal Exam

After submitting a trademark application with registration subject materials, the Trademark Office will conduct a preliminary examination of the submitted materials. This review will examine whether the materials are complete, whether the signatures and seals are valid, whether the trademark patterns are clear, and whether the trademark specifications meet the requirements. After the formal examination, the Trademark Office will issue a notice of the examination results.

Step 4: Substantive examination

Substantive examination is a series of activities conducted by the Trademark Office to check whether a trademark complies with the relevant provisions of the Trademark Law, including data retrieval, analysis and comparison, investigation and research, and preliminary approval.
If the Trademark Office considers that the content of the trademark needs further modification, it will issue an examination opinion, and you should reply within the deadline. The Trademark Office will continue to examine your application.

Step 5: Trademark Publication

After the trademark examination is completed, the Trademark Office will make a public announcement. Within three months from the date of announcement, those who raise objections to the trademark shall submit materials within the prescribed time limit, otherwise the trademark certificate will be issued after the announcement.

Step 6: Trademark Approval

After the announcement period ends, the Trademark Office will approve the trademark registration and issue a trademark registration certificate.

Chinese Trademark Application Materials

Applying for trademark protection can be done by individuals or companies. Its advantages and disadvantages are as follows:

	Personal application	Enterprise applications
Advantage	The stability of applicant information is higher (unless there is a possibility of change, basic personal information such as your name will be altered).	It is more suitable for brand promotion and marketing, and is easier to gain customer recognition because it is directly related to your company. It is easier to provide evidence in commercial dispute cases.
Disadvantage	Due to the lack of operational records, it is more difficult to provide evidence.	Company information, such as registered address and company name, may change during operation. The registration information of this trademark needs to be changed simultaneously.

Generally speaking, a company’s registered trademark is an ideal choice for marketing, branding, and advertising. As trademarks become increasingly popular, your company’s market value will also increase accordingly. On the other hand, compared to company registration, individual applications are more flexible. Once the trademark is approved and authorized by the trademark owner, the company can still use the trademark.

Materials used separately:

• application form;
• Applicant’s ID card (ID card or passport);
• Trademark samples;
• Power of Attorney (if you work at a trademark agency);

Enterprise application materials:

• application form;
• Copy of the company’s business license;
• Trademark samples;
• Authorization letter (if you work at a trademark agency);

International Trademark Protection: Madrid System and WIPO

Madrid International Trademark Registration refers to the registration of trademarks between member states of the Madrid Union, in accordance with the provisions of the Madrid Agreement on the International Registration of Marks managed by the World Intellectual Property Organization (WIPO). Trademark applicants can submit applications through their country’s trademark authority to expand the protection scope of registered trademarks and/or trademarks in the application to contracting parties. Trademark applicants only need to submit one application and pay one set of fees to apply for protection in up to 130 countries.
If you want to protect your trademark not only in China, but also in over 100 countries around the world, the Madrid system trademark application is your ideal choice. To obtain more information, please book a meeting with Simon’s IP experts to discuss your needs in detail and let us help you complete the application!

Why choose Simon?

Rapid Processing

With experienced team members, we can handle your project faster than others.

Unsuccessful, no charge

Simon promises that we will only charge after your project is successfully completed.

Tailored services

We will provide the most suitable business plan based on your situation.

Traceable process

Simon has an online system for you to track any updates to the project.

Frequently Asked Auestions

Do you have any further questions? don’t worry! We are happy to answer!