For an Australian business, the cost to file a trademark in China via the Madrid Protocol starts from around 2,451 AUD.
This includes the standard 653 CHF (Swiss Francs) Madrid application fee, China's specific fee of 249 CHF, and our professional fees for a standard application in one class.
Please note that costs may fluctuate due to exchange rates, fee changes, the type of trademark, and the number of classes you want to protect.
If you add additional countries to your application, you won't need to pay the Madrid application fee again. Filing in multiple countries makes the Madrid application more cost-effective than filing directly in each country.
To get a precise fee estimate for your trademark, click here
Key information about trade mark filing in China
Popularity: China ranks # 3 in popularity for Australian businesses filing trademarks abroad.
Filing Statistics: China is the third most popular destination for Australian trademark filings, with 13.1% of total applications in 2022
Language Requirements: Applications must be in Chinese; English translations are required
Local agent requirement if filing via the Madrid Protocol: A local agent is not required to file a trademark application in China via the Madrid Protocol.
Local agent requirement if filing directly: A local address is required. Foreign applicants must appoint a local trademark agent
Benefits of filing a trade mark in China
Market Protection: Secure your brand rights in China's growing manufacturing market, which is valued at $4.1 trillion.
Legal Recourse: Gain the ability to take legal action against infringers in China's courts.
Business Expansion: Facilitate future business growth in China, which has a GDP of $14.7 trillion.
Brand Recognition: Establish your brand's presence in China's market of 1.4 billion consumers.
Why use the Madrid Protocol?
The Madrid Protocol offers several advantages for international trademark registration:
Cost-Effective: File in up to 128 countries with a single application, saving on multiple filing fees.
Simplified Process: Manage your entire international trademark portfolio through one centralized system.
Time-Efficient: Faster processing compared to filing directly in each country, with an average registration time of 18 months.
FAQs about trade mark filing in China
1. How long does it take to register a trademark in China?
The process typically takes 15-24 months from the date of filing, but can vary depending on specific circumstances such as office actions or oppositions.
2. What rights does a China trademark provide?
A registered trademark in China gives you the exclusive right to use, license, and enforce your mark within the country for a period of 10 years, with the option to renew indefinitely.
3. If the application is filed directly and not using the Madrid Protocol, can I file a trademark in China?
A local address is required. Foreign applicants must appoint a local trademark agent
4. What are the most common reasons for trademark refusal in China?
The most common reasons for trademark refusal in China include:
1. Similarity to existing marks
2. Lack of distinctiveness
3. Violation of morality or customs
Understanding these potential obstacles can help you create a stronger trademark application.
Trade mark application statistics for Australian businesses filing in China
Total number of applications in 2022: 6348
Share of total overseas applications by Australian businesses: 13.1%
Change in applications (2021-2022): -13.5%
Not sure if you need an international trademark? Reach out to us here
Next steps
Protecting your brand internationally is crucial for business growth. If you're considering filing a trademark in China:
1. Assess your business needs and expansion plans in China's manufacturing, technology and e-commerce sectors.
2. Get a detailed fee estimate tailored to your specific trademark and filing strategy.
3. Consult with a trademark professional to discuss your international strategy and ensure your application meets China's requirements.
Remember, while cost is an important factor, the long-term value of protecting your brand in key markets often outweighs the initial investment.
Start securing your brand's future in China today!
Reach out for help with your international trade mark strategy.
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