With the recent enactment of the ChAFA, it is important to analyse what is the IP panorama in China.
To give you an idea of the size of it: China’s trade mark office is the busiest in the world .2+ million new trademark applications in 2014, 3 million in 2015/2016. For the records, US make less than 1 million and Oz goes with just 64,500.
Moreover, the workflow now requireso nly 12 months (faster than the Madrid track), although the steeped zealous may unduly hamper some registration.
So, a few tips if you’re an Aussie and you are pursuing registration in China:
- deploy registration(s) at the earliest stage possible
- be prepared to file a Chinese version of your trademark
- pay attention to the subclasses (which are not much common in the western world)
- pay attention to ADR, as enforcing judgements in China is not easy peasy
- if you want to pursue registration through the Madrdi path, watch out for the sub-classes that will be filled in.