According to statistics, trademark infringement is increasing. 85% of brands in the UK, the US, and Philadelphia experienced trademark infringement in the year 2019. With the increased competition in businesses and industries, intellectual property thefts, trademark violations, and authorized use of copyrights have also increased.
And when it comes to China, copyright violations, and trademark infringement, the numbers are even high. Therefore, businesses, manufacturers, or importers should get china trademark protection and custom recording to protect domains, brand identities, intellectual property, trademarks, etc.
This article is all about how China trademarking licensing and custom recording work and why you should not delay.
What is China Trademark Licensing?
China trademark registration and licensing should be the first step of any importer or manufacturer in China. China follows a first-to-file system which means that if a company or person has registered your trademark in China and uses your trademark without your knowledge, it won’t be illegal.
If you want to check your trademark registration in China, GlobalTQM can help you as a China Trademark Expert for Trademark Search and Registration.
China trademark licensing gives a legal permit to the registrant to let others(specific parties) use the trademark. Trademark licensing is different from China trademark registration, and it doesn’t involve any transfer of ownership. Instead, it is a license contract that grants rights to the licensee to use the trademark up to the extent allowed.
“According to Article 43 of the Trademark, if a licensor decides to give a licensee permission to use their registered trademark, the trademark license must be submitted to the China Trademark Office (CTMO) for records purposes.”
China Trademark Licensing and Recording –Process
Trademark licensing is a good strategy for China’s trademark protection and legalizing the use of trademarks by specific parties in China. If you’re an importer who has registered trademarks in China and want to authorize its use to the sourcing manufacturer, you can use china trademark licensing and recording.
What do you require to eCustom filing of Trademark license?
The registrant or original trademark holder will require to furnish the following information and documents for filing the license:
1. Original trademark registration certificate possessed by the registrant and a scanned copy of the certificate.
2. Original trademark license contract and its scanned copy are also required.
3. The copy of your original business license
4. Registrants also need a registration form for the trademark license contract to file for a license.
5. Application filing also requires the company’s legal representative to bring the original passport along with a scanned copy.
6. Power of attorney.
How To File trademark License?
Once you have all the required documents, the process for filing and getting a trademark license will comprise of following steps:
1. You have to sign a trademark license contract with your business partner in China
2. Complete the application form for a trademark license and submit the required information to Trademark Office.
3. Once inspected and examined by China Trademark Office, Trademark License Record Certificate is issued. After issuance business partner in China can legally use your business trademark.
Simple. Free. Advice. No Obligations.
How To Record Trademark License?
Trademark licensing is just the first part of the job. Trademark recording is necessary to protect your brand and put control on the usage of your trademark. Whenever products under your trademark are cleared through Chinese customs, a written notice is sent to confirm if a trademark holder or license holder is selling the products or not.
You require the following documents to get started with recording your trademark license with China Customs General Administration:
1. Basic information of the applicant for future correspondence by customs
2. Business license scanned copy
3. Legal representatives’ passports along with a scanned copy.
4. Trademark registration certificate of your business.
5. Trademark logo
6. Product description of the merchandise
7. Product photos having trademark pattern
8. Power of attorney
9. Certificate of trademark transfer and renewal
The process for recording your trademark license comprises easy steps. Here is what you need to do:
1. Collect all the required documents and submit an application to China customs General Administration.
2. After reviewing the application and documents, the license recording application is approved and recorded by the customs.
GlobalTQM can help you throughout the process with our Trademark E-Customs Filling with General Administration.
How Does China Trademark Licensing and Recording Protect Your Brand?
China Trademark licensing and recording protect your intellectual property and brand by limiting who can use the trademark and who can sell products under your trademark. The recording service lets the registrant know whenever a shipment comes to customs for clearance. As a result, unauthorized sellers and copycats cannot take undue benefits of your registered trademarks.
Here is how China Trademark Licensing protects your brand:
- You can legalize your trademark usage by manufacturers, sourcing companies, or partners in China.
- Since trademark licensing is not any ownership transfer, it can be revoked or expired; hence the control of the trademark registrant stays intact.
- You get paid by the trademark licensee for using the trademark of your business.
- Ensuring that your trademark license is recorded with the General Administration of Chinese Customs detains any copycats from stealing your trademark or intellectual property.
- Any fake products or copies are not sent over to the market, which helps you to maintain your market and competition.
GlobalTQM is your Chinese Trademark expert having deep expertise in the Chinese market and industry. You can hire our services to get your products on time, budget, and quality.
GlobalTQM can take care of your product sourcing, product sampling, product compliance, product inspection, and so on. So you can focus on building your business.
Connect with us right now to get started with China Trademark Registration and E-Custom Filing!