Preemptive trademark registrations are common in China. Graphic elements of marks may be registered by others for different classes or dissimilar goods. Copyright registration can provide an additional layer of protection.

1. Requirements for Copyright Registration

Under Chinese copyright law, works are original intellectual creations in literary, artistic or scientific fields that can be reproduced in tangible form. A trademark graphic that meets the originality requirement and qualifies as a creative design may be registered as a copyrighted work.

Applications are filed with the Copyright Protection Center of China. The registration procedure normally takes approximately two months.

2. Why Registration Is Useful

Copyright arises automatically when a work is completed, and registration in China is voluntary. In practice, however, owners may lack original creation records or other evidence of ownership. Foreign owners may also face substantial time and expense in translating, notarizing and legalizing supporting documents.

For these reasons, copyright owners, particularly those outside China, are advised to register their copyright in China to prove ownership more efficiently.

3. Is Copyright Registration Useful If the Trademark Is Already Registered?

Article 32 of the Trademark Law prohibits applications that infringe another party’s existing prior rights. These include copyright, independently of trademark rights.

Reliance on prior copyright generally requires three conditions: (1) the trademark is identical or substantially similar to the earlier copyrighted work; (2) the applicant had access, or was likely to have had access, to that work; and (3) the trademark application was filed without the copyright owner’s authorization.

The first condition concerns similarity between the mark and the work; it does not require the goods to be identical or similar. If all three conditions are met, prior copyright may block a trademark application in another class or for dissimilar goods. A trademark application or registration alone generally blocks marks only for identical or similar goods, except in the case of well-known marks. Copyright can therefore offer broader protection in this respect.

Owners are accordingly advised to register copyright in eligible works as early as possible.