Chinese Brands Go Global - CHINA TR ADEMARK REPORT 2018 - CompuMark
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01
Chinese Brands
Go Global
C H I N A T R A D E M A R K R E P O R T 2 018COMPUMARK CHINA TR ADEMARK REPORT 2018 03
Contents
AUT H O R 'S IN T R O D U CTI O N 04 Indust r y Se ctor G rowt h — Fore i g n
Tra de m a rk A ppl i cat i ons 2 0 1 2 to 2 0 1 7 34
BACKG R O U N D 06
CHI N E S E A P P L IC A N TS — N i ce Cl a s s D i st ri b ut i on 2 0 1 7 —
FOREIG N T RA D E M ARK A P P L I CATI O N S 09 G oods Ve rs us Se r vi ce 36
An n u a l Fil l in g Vo l u m e S i nce 2 0 1 2 10 CHIN A BY R EGION 39
Source Of Fore i g n Tra de m a rk
Ke y Reg iste r s 12
A ppl i cat i ons By Chi ne s e A ppl i ca nts 40
On e Be l t a n d O n e Road 14
TRADEMAR KS AR OUN D THE WOR LD 43
Gro wth 15 A nnua l G rowt h Of M a j or
Tra de m a rk Reg i ste rs 44
Top C h in e s e A p p l icants —
Foreig n Tra d e ma r k A p p li cat i o ns i n 2 0 1 6 16 L a rge st Reg i ste rs
By A nnua l Fi l i ng Vol um e 46
COUN T R Y / R E G IO N A N A LYSI S 19
S UCCESS RATES 51
Where D id C h in e s e A p p li cants F i le
Tra de m a r k A p p l icat i o ns i n 2 0 1 7 ? 20 Com pum a rk Succe s s Inde x — Succe s s
Rate A chi e ve d By Chi ne s e A ppl i ca nts 52
Top Fil e r s O f Fo re ig n Trad e m ark s 21
Com pum a rk Succe s s Inde x 53
Top Fil e r s O f Fo re ig n Trad e m ark s —
Tren d s 22 Tra de m a rk Be st P ra ct i ce s —
Fi l i ng Inte rnat i ona l l y 54
I n ternatio n a l Reg ist rat i o ns —
Top A p p l ica n ts By O w ne r C o u nt r y 24 B EST P RACTICES FR OM MAIN L AN D CHIN A 57
I n ternatio n a l Reg ist rat i o ns — Be st P rat i ce s from M a i nl a nd Chi na 58
Most Fre q u e n tl y D e si gnated C o u nt r i e s 25
CON CLUS ION 61
CL ASS IF IC AT IO N A N D I N D USTR Y A N A LYSI S 27
COMP UMAR K — HELP IN G B RAN DS
N ice C l a s s D istr ib u t i o n — Fo rei gn OWN ERS GO GLOB AL 62
Applicatio n s By C h i nese Ap p li cants 28
Chin e s e Tra d e m a r ks — C o m par i ng Fo rei gn
a n d D o me stic A p p l i cat i o ns 30
I n dustr y Se cto r D ist r i b u t i o n 3204 COMPUMARK CHINA TR ADEMARK REPORT 2018
Following in the footsteps of mainland
China’s domestic trademark register,
which is the largest in the world, Chinese
brands are now appearing on foreign
trademark registers in increasingly
large numbers.
CompuMark™ has been tracking the drive
from mainland China to build global brands,
and this report shows that – in just four years
– Chinese brands have gone from number 10
in the world by filing volume to number two,
and are likely to be challenging US brands
for number one in the world in 2018.COMPUMARK CHINA TR ADEMARK REPORT 2018 05
INTRODUCTION
Four years ago, CompuMark™ wrote a separate register it would rank between
a landmark report looking at Chinese Mexico (138,400) and the European Union
brands in a global environment. Intellectual Property Office (EUIPO)
Back in 2014, Chinese trademark activity (118,762) as the 8th largest register in the
was increasing at an unprecedented world. Chinese applicants filed one in
rate — applications on the Chinese every nine US applications in 2017 – more
domestic trademark register had broken than 50,000 applications in a single year.
the two million barrier (the first register
in history to reach this milestone), The statistics alone are remarkable,
and foreign trademark applications by but more importantly they tell a story.
Chinese applicants were at 30,000 and Trademark applications are a powerful
growing by more than 10% per annum. indicator of economic activity.
They contain information on markets
In 2014, these figures felt colossal – they (registry country), time (filing date), source
represented growth and volume that the (applicant country) and business activity
trademark world had never seen before. (classes and specifications). They can be
But looking back from our 2018 vantage used to see where a journey has started,
point, they seem relatively small in scale the route it has taken, and where it is leading.
compared to what has followed.
With access to the world’s largest
In 2017, the Chinese domestic trademark trademark record library3 and 50+ years
register saw more than 5.2 million of analytical expertise, CompuMark™ is
applications filed1 , approximately ten uniquely placed to track this journey and
times the size of the world’s second largest to tell the story of Chinese brands on
register (the USA). In the first week of the world stage. It’s quite a story.
September 2017, there were more than
116,000 applications filed on the Chinese Robert Reading
register – more than were filed on the Director, Custom & Managed Solutions
EUIPO register in the whole of 2016.2 CompuMark
Chinese applicants filed nearly 120,000 May 2018
foreign applications in 2017 – if this was
1. The Chinese Trademark Office started accepting multi-class applications from 1st May 2014,
but the vast majority of applications are filed covering just a single class (98.6% of all applications in 2017).
2. 113,670 EUTM applications were filed in 2016.
3. SAEGIS® – 62.6 million active records, 186 trademark registers, over 200 countries.06 COMPUMARK CHINA TR ADEMARK REPORT 2018
BACKGROUND
The Chinese
trademark register
has seen over 50%
of all trademark
applications filed
globally in recent
years.
For over 20 years, the Chinese trademark Although mainland China has just under
register has seen more trademark 19% of the world’s population, the Chinese
applications filed annually than any other trademark register has seen over 50% of
register in the world. With over 1.4 billion all trademark applications filed globally in
consumers, the Chinese market is seen as recent years. And the proportion of global
a key target for international brands. trademark applications filed in mainland
China is still growing.COMPUMARK CHINA TR ADEMARK REPORT 2018 07
Figure 1 : Chinese
population as a proportion
of the world population
18.8% 18.7%
2016 2017
Figure 2 : Trademark
applications in mainland
China as a proportion of
global trademark applications
53.9% 59.6%
2016 2017COMPUMARK CHINA TR ADEMARK REPORT 2018 09
1 : Chinese Applicants –
Foreign Trademark
Applications10 COMPUMARK CHINA TR ADEMARK REPORT 2018
ANNUAL FILING VOLUME SINCE 2012
In 2017, mainland China
ranked second in the
world with the US, Hong
Kong, Germany and UK
making up the top five.
When CompuMark™ last looked at the Growth was steady but not spectacular
Chinese trademark sector in 2014, foreign (14% in 2013 compared with 2012),
trademark applications filed by Chinese and mainland China ranked 10th in the
applicants outside of mainland China world4 with the USA, Germany, UK, Italy
were relatively modest. and France making up the Top Five for
filing foreign trademark applications.
4. WIPO Statistical Country Profile for China
http://www.wipo.int/ipstats/en/statistics/country_profile/profile.jsp?code=CNCOMPUMARK CHINA TR ADEMARK REPORT 2018 11
Figure 3 : Chinese applicants — foreign trademark applications 2012 – 2017
140,000
120,000
NUMBER OF APPLICATIONS
100,000 115,444
80,000
88,242
60,000
62,519
40,000
50,408
44,014
38,641
20,000
-
2012 2013 2014 2015 2016 2017
FILING VOLUME
The picture since 2014 has changed. Chinese applicants are now
filing in significant numbers around the world, and in 2017 filed
nearly 120,000 foreign trademark applications, with the number
of foreign applications almost doubling in the last two years.12 COMPUMARK CHINA TR ADEMARK REPORT 2018
KEY REGISTERS
Since 2014 the US
has become the
major market for
Chinese brands.
The key registers for Chinese applicants Since 2014, the US has become the major
filing trademark applications on market for Chinese brands, with US
registers outside of mainland China trademark applications growing almost
have traditionally been close neighbors exponentially from just over 6,200 in 2014
of mainland China in South East Asia, to over 50,000 in 2017. Europe (especially
together with the US and Europe. the EUIPO register) has moved into
second position.COMPUMARK CHINA TR ADEMARK REPORT 2018 13
Figure 4 : Chinese applicants — top registers around the world (1 to 5)
60
USA
EUIPO
50
NUMBER OF APPLICATIONS (000’S)
Hong Kong
40 Taiwan
Japan
30
20
10
0
2012 2013 2014 2015 2016 2017
Figure 5 : Chinese applicants — top registers around the world (6 to 10)
4.0
South Korea
3.5 Malaysia
NUMBER OF APPLICATIONS (000’S)
3.0 IR (WIPO)*
UK
2.5
Australia
2.0
1.5
1.0
0.5
0
2012 2013 2014 2015 2016 2017
* IR (WIPO) - IR refers to an International Registration, filed at the World Intellectual Property Office.14 COMPUMARK CHINA TR ADEMARK REPORT 2018
ONE BELT AND ONE ROAD
The One Belt and One Road (OBOR)5 initiative is a Chinese project focusing on developing
infrastructure and investment with mainland China’s neighbors and key trading
partners. Among the regional and non-regional members of the OBOR initiative, Chinese
trademark activity in 2016 was highest in South Korea and Australia, both with significant
use of the Madrid system. Thailand – via national trademark applications – was also a key
filing area.
Figure 6 : OBOR trademark applications — Chinese applicants 2016
South Korea
Australia
Thailand
Vietnam
Russia
Philippines
Turkey
Indonesia
Egypt
Saudi Arabia
Kenya
Pakistan
0
0
0
0
0
0
0
0
0
50
50
50
00
50
00
00
00
00
0
50
3,
3,
2,
2,
5,
1,
1,
4,
4,
National IR
5. For more information on OBOR, visit the official website: https://eng.yidaiyilu.gov.cn/COMPUMARK CHINA TR ADEMARK REPORT 2018 15
GROWTH
The recent growth rate in trademark applications from mainland China is higher than ever
before. Application numbers increased by more than 40% in 2017 compared with 2016 on a
number of major registers: the US register (+61%), Europe (EUIPO +55%), Japan (+73%),
United Kingdom (+122%), Australia (+139%) and Canada (+49%):
Figure 7 : Top foreign registers for Chinese applicants — 2016 vs 2017
0%
%
%
%
%
%
%
%
%
0
0
0
0%
0
40
80
60
12
20
10
16
14
-2
2016
U.S. Federal
2017
EUTM Annual Growth
Hong Kong
Taiwan
Japan
South Korea
Malaysia
WIPO (IR)
United Kingdom
Australia
India
Thailand
Macao
Canada
Brazil
00
00
00
00
00
0
00
,0
,0
,0
,0
,0
,
40
60
30
50
20
10
NUMBER OF APPLICATIONS16 COMPUMARK CHINA TR ADEMARK REPORT 2018
TOP CHINESE APPLICANTS –
FOREIGN TRADEMARK APPLICATIONS IN 2016
Looking at all trademark applications Some well known Chinese brands do
filed by Chinese applicants outside not appear in the list as their trademarks
of mainland China, it is possible are owned by an offshore holding
to compile a list of the applicants company: Internet giants Alibaba (722
that filed the largest number of foreign trademark applications in 2016)
foreign trademark applications. and Tencent (345 applications) both
use Cayman Islands based holding
In 2016, Huawei Technologies companies and would otherwise
(Telecommunications) was the feature in the Top Five entries.
leading Chinese brand in terms of
foreign trademark applications. Huawei
Technologies filed more than 1,800 foreign
trademark applications around the world,
more than 1,000 applications ahead of the
LeEco group of companies in second place.
Applicant / Owner 2016 Applicant / Owner 2016
1 Huawei Technologies Ltd 1,878 26 China Resources Snow Breweries Ltd 108
2 Le Shi Holdings Ltd 741 27 Zhejiang Supor Ltd 106
3 China Tobacco 366 28 Guangdong Alpha Animation and Culture Ltd 104
4 Beijing Xiaoju Technology Ltd 311 29 Qingdao Sentury Tire Ltd 100
5 Geely Holding Group Ltd 267 30 Heilan Home Clothing Ltd 97
6 Nextev Ltd 223 31 Sichuan Haidilao Catering Ltd 90
7 Shandong Weifang Tainbow Chemical Ltd 222 32 Quanjian Science & Tech Development Ltd 88
8 Baidu Online Network Technology Ltd 221 33 ZTE Corporation 87
9 Sanliuyidu (China) Ltd 201 34 Gionee Communication Equipment Ltd 77
10 Shenzhen Meixixi Catering Mananagement Ltd 198 35 Anhui Jianghuai Automobile Ltd 76
11 Great Wall Motor Company Ltd 191 36 Guilin GES Monk Fruit Corporation 74
12 China Ocean Shipping (Group) 179 37 Zhejiang Junbao Communication Tech Ltd 73
13 SZ DJI Technology Ltd 175 38 BYD Company Ltd 72
14 Beijing Qilin Hesheng Network Technology Ltd 155 39 Xiamen Meitu Network Technology Ltd 67
15 Hangzhou Hikvision Digital Technology Ltd 150 40 Beijing Wangjiu Electronic Commerce Ltd 64
16 Country Garden Estate Development Ltd 144 41 Guangdong Saiman Investment Ltd 62
17 Saic Motor Corporation Ltd 144 42 China National Heavy Duty Truck Group Ltd 58
18 China International Captial Corporation Ltd 139 43 Beijing Wangjiu Electronic Commerce Ltd 57
19 iCarbonX Ltd 139 44 CNNC Huayuan Titanium Dioxide Ltd 57
20 Tianjin Lovol Heavy Industry Group Ltd 132 45 East Shineray Holdings Ltd 56
21 CRRC Corporation Ltd 124 46 Postal Savings Bank of China 55
22 Beijing Jingdong 360 Du E-Commerce Ltd 121 47 Bestway Inflatables & Material Corp 54
23 YIWU Prudential Network Technology Ltd 120 48 China National Petroleum Corp 53
24 Reach Best Technology Ltd 118 49 UC Mobile Ltd 53
25 Shanghai Shangmei Cosmetics Ltd 109 50 China Unionpay Ltd 52COMPUMARK CHINA TR ADEMARK REPORT 2018 17
COMPUMARK CHINA TR ADEMARK REPORT 2018 19
2 : Country / Region
Analysis20 COMPUMARK CHINA TR ADEMARK REPORT 2018
WHERE DID CHINESE APPLICANTS FILE
TRADEMARK APPLICATIONS IN 2017?
Figure 8 : Top filers of foreign
Looking at foreign trademark applications 1. USA
trademarks — 2017
filed by applicants from mainland China 2. Europe
in 2017, the global picture shows three key 3. C
ountries and registers in
markets in order of importance: close geographical proximity
to mainland China
Higher LowerCOMPUMARK CHINA TR ADEMARK REPORT 2018 21
TOP
WHERE
FILERS
DIDOF
CHINESE
FOREIGN
APPLICANTS
TRADEMARKSFILE
BYTRADEMARK
OWNER COUNTRY/REGION
APPLICATIONS IN 2017?
In 2017, applicants from the United States If foreign trademark applications from
continued to file more foreign trademark mainland China continue to grow at
applications outside their domestic their current rate, mainland China is on
market than applicants from other course to overtake the USA as the world’s
countries/regions around the world. leading source of foreign trademark
Applicants from mainland China are in applications by 2020.
second place (up from 10th place in 2014),
with applicants from Hong Kong taking
third place.
Figure 9 : Top filers of foreign trademarks — 2017
US
Mainland China
Hong Kong
Germany
UK
Japan
France
Switzerland
South Korea
Italy
Spain
Canada
Australia
Netherlands
Taiwan
0
0
0
0
0
00
00
00
00
00
00
00
00
00
00
,0
,0
,0
,0
0,
0,
0,
,0
0,
0,
0
40
80
60
12
20
20
18
10
16
14
National IR22 COMPUMARK CHINA TR ADEMARK REPORT 2018
TOP FILERS OF FOREIGN TRADEMARKS
BY OWNER COUNTRY/REGION – TRENDS
YEAR TRADEMARKS
United 2010
2011
169,710
197,845
States 2012
2013
208,921
200,459
Applicants 2014 192,362
2015 198,322
2016 188,447
2017 163,357
Mainland 2010
2011
32,059
38,317
China 2012
2013
42,951
48,526
Applicants 2014 54,353
2015 67,238
2016 94,622
2017 119,126
Germany 2010
2011
67,283
73,453
2012 70,702
Applicants
2013 68,374
2014 66,790
2015 67,395
2016 74,076
2017 54,488
Figure 10 : Top filers of foreign trademarks
Hong 2010 32,597 by owner country/region
2011 44,626
Kong 2012
2013
60,267
73,805
Applicants 2014 77,793
2015 74,918
2016 63,232
2017 76,319COMPUMARK CHINA TR ADEMARK REPORT 2018 23
2010
2011
44,118
50,163 United
2012
2013
53,692
55,243
Kingdom
2014 54,683 Applicants
2015 54,471
2016 54,125
2017 43,234
2010
2011
8,138
10,839 Taiwan
2012 23,367
Applicants
2013 20,582
2014 21,176
2015 22,966
2016 16,527
2017 10,416
2010
2011
41,280
49,003 France
2012 47,978
Applicants
2013 46,700
2014 43,592
2015 43,961
2016 42,422
2017 32,884
2010
2011
8,138
10,839 Korea
2012 23,367
Applicants
2013 20,582
2014 21,176
2015 22,966
2016 16,966
2017 10,416
2010
2011
57,807
65,205 Japan
2012 80,574
Applicants
2013 62,143
2014 58,223
2015 56,854
2016 53,125
2017 43,23424 COMPUMARK CHINA TR ADEMARK REPORT 2018
INTERNATIONAL REGISTRATIONS (WIPO) –
TOP APPLICANTS BY OWNER COUNTRY
The Madrid System – administered by the In 2017, mainland China remained in
World Intellectual Property Organisation fourth place (their 2016 position) among
(WIPO) in Geneva – allows brand owners the leading filers of IR applications. While
to file a single trademark application growth has been slower than for foreign
internationally covering over 110 countries. trademark applications via national offices,
Although mainland China became party mainland China is likely to overtake France
to the Madrid Protocol in 1995, Chinese and claim third place in 2018 among users
applicants have been reticent to use of the International system.
the International trademark system,
preferring to file foreign applications
directly with national registries.
Figure 11 : TOP IR (WIPO) applicants by owner country — 2017
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
US
y
ce
a
nd
UK
ly
lia
n
s
ia
n
a
nd
an
re
in
ai
pa
It a
ss
an
ra
la
Sp
Ko
Ch
rm
la
Ja
Ru
st
er
Fr
er
Au
h
Ge
d
it z
th
ut
an
Sw
Ne
So
nl
ai
MCOMPUMARK CHINA TR ADEMARK REPORT 2018 25
INTERNATIONAL REGISTRATIONS (WIPO) –
MOST FREQUENTLY DESIGNATED COUNTRIES
Mainland China was the number one country designated by International
Registrations filed at WIPO in 2016, just ahead of the EUIPO register and the USA.
Over 22,500 IR applications designated mainland China in 2016, representing an
increase of 5% compared with 2015.
Figure 12: Most designated registers — international registrations 2016 vs 2015
25,000
20,000
15,000
10,000
5,000
a
EU
US
ia
n
nd
lia
a
a
o
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y
ay
m
UK
ly
y
ce
an
ke
di
or
re
in
pa
ic
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ss
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rw
an
ra
la
ex
In
Ko
Ch
ap
r
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Ja
Ru
Tu
st
et
er
Fr
No
M
ng
Au
h
Ge
d
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it z
ut
an
Si
Sw
So
nl
ai
M
2016 2015COMPUMARK CHINA TR ADEMARK REPORT 2018 27
3 : Classification and
Industry Analysis28 COMPUMARK CHINA TR ADEMARK REPORT 2018
NICE CLASS DISTRIBUTION –
FOREIGN APPLICATIONS BY CHINESE APPLICANTS
Trademarks around the world are filed In 2017, Class 9 was the most frequently used Class 9 – Electronics/electrical equipment
using the Nice Classification system, class for foreign trademark applications filed (19.9% of all applications)
where all physical products are divided by applicants from mainland China. Class 9 Class 25 – Clothing/fashion (9.6%)
into 34 goods classes (Nice Classes 1 to includes electronics and electrical equipment. Class 11 – Lighting, heating, cooking,
34), and all services are divided into 11 Chinese applicants filed nearly 30,000 foreign refrigerating apparatus (5.9%)
service classes (Nice Classes 35 to 45). trademark applications in 2017 in Class 9.
By examining the most frequently used The second most frequently used class
classes used by Chinese brands when was Class 25, which covers clothing,
filing foreign trademark applications, footwear and headgear. The three most
it is possible to build a picture of the frequently used classes were all from
most important types of products the goods classes for physical products:
being exported from mainland China.
Figure 13 : Foreign Trademark applications by Chinese applicants in 2017
— Nice Class Count
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22COMPUMARK CHINA TR ADEMARK REPORT 2018 29
CLASS 9 CLASS 11 CLASS 25
19.9% 9.6% 5.9%
23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4530 COMPUMARK CHINA TR ADEMARK REPORT 2018
CHINESE TRADEMARKS – COMPARING FOREIGN
AND DOMESTIC APPLICATIONS
There is a clear distinction between which Each of the eleven service classes (Nice
classes of trademarks from mainland Classes 35 to 45) appeared at a lower rate on
China are being filed domestically foreign applications than they appeared on
versus globally. While foreign trademark the Chinese domestic trademark register.
applications from mainland China mainly Trademark applications covering
reflect physical products, the Chinese agricultural products and food and drink
domestic register shows a higher proportion (Classes 29 to 33) were also “exported” at
of service related brands. a significantly lower rate than they appear
on the domestic register.
Class 9 (electronics and electrical items)
accounted for nearly 20% of all trademark
“exports” in 2017, but only 6% of Chinese
domestic trademark applications in the
same period.
Figure 14 : Trademark applications by class. Chinese applicants, domestic vs foreign — 2017
25%
20%
15%
10%
5%
0%
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Domestic ForeignCOMPUMARK CHINA TR ADEMARK REPORT 2018 31
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4532 COMPUMARK CHINA TR ADEMARK REPORT 2018
INDUSTRY SECTOR DISTRIBUTION
The Nice Classification system for trademarks can be arranged
so that classes that relate to specific industry sectors can be
grouped together to allow analysis on an industry level.
Agriculture Business Chemicals Clothing
Services
CLASSES CLASSES CLASSES CLASSES
29 30 31 32 33 43 35 36 124 14 18 22 23 24 25 26
Construction Health Household Leisure &
Equipment Education
CLASSES CLASSES CLASSES CLASSES
6 17 19 37 40 3 5 10 44 8 11 20 21 13 15 16 28 41
Research & Transport
Technology
CLASSES CLASSES
9 38 42 45 7 12 39COMPUMARK CHINA TR ADEMARK REPORT 2018 33
Applying this grouping to foreign trademark applications filed from mainland China,
the research and technology sector filed the most foreign trademark applications in
2017, followed by the clothing sector, and household equipment. While Class 9 was
used far more frequently than other classes, once the other industry related classes
are considered, the gap between the two leading industry sectors is relatively small.
Figure 15 : Foreign trademark applications by Chinese applicants
in 2017 — by industry sector
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
th
s
re
s
y
ng
t
n
n
n
en
al
ce
og
io
io
t io
tu
al
hi
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at
at
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ul
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ot
em
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Cl
tr
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&
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ch
isu
eh
Bu
ar
us
Le
se
Ho
Re34 COMPUMARK CHINA TR ADEMARK REPORT 2018
INDUSTRY SECTOR GROWTH – FOREIGN TRADEMARK
APPLICATIONS 2012 TO 2017
The research
and technology,
clothing, and
household
equipment sectors
have been growing
at 30% to 40%
per year.
The top three industry sectors for Since 2013, foreign trademark applications
Chinese applicants filing overseas in 2017 from the research and technology, clothing,
have also been the three fastest growing and household equipment sectors have been
industry sectors in recent years in terms growing at 30% to 40% per year; in contrast
of trademark application numbers. the construction sector and the chemicals
sector have seen very little growth since
2013 suggesting differences between
the ease of export and access to external
markets between industry sectors.COMPUMARK CHINA TR ADEMARK REPORT 2018 35
Figure 16 : Chinese foreign trademark applications by industry sector 2012-2017
40 Research & Technology
35 Clothing
Household Equipment
NUMBER OF APPLICATIONS (000’S)
30
Leisure & Education
25
Transport
20
Health
15 Business Services
10 Agriculture
Construction
5
Chemicals
0
2012 2013 2014 2015 2016 201736 COMPUMARK CHINA TR ADEMARK REPORT 2018
NICE CLASS DISTRIBUTION 2017 –
GOODS VERSUS SERVICES
Less than 20% of
the applications
were for services,
indicating that
mainland China’s
exports are mostly
physical goods.
Using the Nice Classification split between On the Chinese domestic register,
physical goods (Class 1 to 34) and services the proportion of applications for services
(Classes 35 to 45), it is possible to make was just over 30% in 2017, lower than the
a comparison of the ratio between global average. This suggests that the
trademark applications for goods and Chinese economy is predominantly based
for services on trademark registers. on physical goods rather than services.
Although service classes are less than When Chinese brand owners filed foreign
25% of the overall number of classes trademark applications in 2017, the difference
available (11 out of 45), around the world was even stronger. Less than 20% of the
40% of all trademark applications applications were for services, indicating that
in 2017 were for services. mainland China’s exports are mostly physical
goods. Chinese service related brands are
not yet exporting in significant numbers.COMPUMARK CHINA TR ADEMARK REPORT 2018 37
Figure 17 : Goods vs services 2017
40% 60% 32% 68%
GLOBAL DOMESTIC
All trademark registers Mainland China
around the world trademark register
16% 84%
FOREIGN
Foreign applications filed
by Chinese applicants
Goods
ServicesCOMPUMARK CHINA TR ADEMARK REPORT 2018 39
4 : Mainland China
by Region40 COMPUMARK CHINA TR ADEMARK REPORT 2018 SOURCE OF FOREIGN TRADEMARK APPLICATIONS BY MAINLAND CHINESE APPLICANTS Guangdong Province (Shenzhen Zhejiang Province (Hangzhou and Ningbo) and Guangzhou) dominates foreign was the second largest source of foreign applications by mainland Chinese trademark applications in 2016, with 11.8% applicants – nearly half of all foreign of all foreign applications filed by Mainland trademark applications in 2016 (46.7%) Chinese applicants. Beijing Municipality was were filed by applicants using an third, with Shanghai Municipality fourth. address in Guangdong Province. Jiangsu 2,554 3.9% Guangxi 269 0.4% Fujian 2,479 3.8% Shanxi 235 0.4% Tianjin 1,375 2.1% Yunnan 188 0.3% Sichuan 937 1.4% Shaanxi 155 0.2% Hunan 800 1.2% Heilongjiang 132 0.2% Anhui 758 1.2% Inner Mongolia 100 0.2% Henan 758 1.2% Guizhou 81 0.1% Hebei 738 1.1% Hainan 75 0.1% Hubei 691 1.1% Gansu 67 0.1% Jiangxi 569 0.9% Tibet 40 0.1% Chongqing 496 0.8% Xinjiang 36 0.1% Jilin 325 0.5% Ningxia 16 0.0% Liaoning 316 0.5% Qinghai 10 0.0%
COMPUMARK CHINA TR ADEMARK REPORT 2018 41
Figure 18 : Top 5 sources of foreign
trademark applications 2016
1. GUANGDONG 3. BEIJING 3
30,360 5,728
46.7% 8.8% 5
2. ZHEJIANG 4. SHANGHAI
7,688 4,033
11.8% 6.2%
5. SHANDONG 4
2,939
4.5% 2
1COMPUMARK CHINA TR ADEMARK REPORT 2018 43
5 : Trademarks
Around the World44 COMPUMARK CHINA TR ADEMARK REPORT 2018
ANNUAL GROWTH OF MAJOR TRADEMARK REGISTERS
Mainland China continued to be the fastest The strong growth in the number of
growing major trademark register in 2017, applications filed on the Chinese trademark
with growth of nearly 50% compared with register in 2017 was partly driven by a
2016 filing numbers. The UK also saw signif- significant reduction in the cost of filing
icant growth in 2017, due to the uncertainty a domestic trademark application in
of “Brexit” for brand protection in the UK. mainland China in April 2017.
Figure 19 : Annual growth in application numbers — major registers
Mainland China
United Kingdom
Japan
U.S. Federal
Mexico
Brazil
Turkey
Taiwan
EU trade marks
Germany
France
Argentina
South Korea 2016
India 2017
%
%
%
%
%
%
%
0%
0
0
10
20
30
40
50
-1
-2COMPUMARK CHINA TR ADEMARK REPORT 2018 45
This is in contrast to the Indian trademark register which saw a significant decline in filing
numbers over the same period, after the official fee was increased significantly in March 2017.
Figure 20 : Monthly filing volume — Mainland China and India
600,000
500,000
400,000
300,000
200,000
100,000
0
‘17
Se 7
‘17
‘16
M 6
‘17
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7
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ar
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b
AR
Ju
Ap
Oc
Ju
Fe
Ja
M
+74% Mainland China
MONTHLY FILING VOLUME
MONTHLY FILING VOLUME
-16% India
30,000
25,000
20,000
15,000
10,000
5,000
0
‘17
Se 7
‘17
‘16
M 6
‘17
Au 7
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M46 COMPUMARK CHINA TR ADEMARK REPORT 2018
LARGEST REGISTERS BY ANNUAL FILING VOLUME
Mainland China
continues to dominate
world trademark
filing numbers, with
the Chinese register
accepting more
than 5 million new
applications in 2017.
Mainland China continues to dominate Mainland China was the world’s largest
world trademark filing numbers, with trademark register for new applications
the Chinese register accepting more than in 2017, with more than 12 times as many
5 million new applications in 2017. applications than the second placed US
The USA and India fill the next two positions, register, and nearly 20 times as many
but neither of these registers are growing at applications than India in third place.
the same rate as the Chinese register. Among
Asian registers, Japan and South Korea also
made the Top 10 in 2017.COMPUMARK CHINA TR ADEMARK REPORT 2018 47
Figure 21 : Annual trademark applications — top registers by filing volume
8
7
NUMBER OF APPLICATIONS (MILLIONS)
6
5
4
3
2
1 Mainland China
Rest of the World
0 2012 2013 2014 2015 2016 2017
MAINLAND CHINA BRAZIL MEXICO TURKEY UK
2012 1,581,533 109,102 101,306 91,216 36,723
2013 1,785,355 161,496 104,330 87,910 46,317
2014 2,090,957 154,157 109,039 91,861 51,037
2015 2,629,170 156,860 118,681 93,293 54,282
2016 3,603,746 161,912 126,034 92,541 61,636
2017 5,270,801 177,005 138,403 99,668 75,010
US JAPAN EUTM FRANCE GERMANY
2012 300,060 106,931 81,953 81,947 44,700
2013 309,986 103,601 85,401 84,307 44,900
2014 327,879 111,355 92,349 87,207 49,540
2015 358,951 130,882 105,280 91,575 69,035
2016 377,406 147,679 113,670 88,329 68,910
2017 425,791 173,331 118,762 90,299 71,561
INDIA SOUTH KOREA ARGENTINA TAIWAN
2012 191,678 128,709 80,478 65,409
2013 202,491 135,992 80,047 66,421
2014 216,449 142,609 76,579 74,743
2015 275,395 163,131 89,692 78,830
2016 296,324 162,381 101,139 79,489
2017 263,732 160,758 102,643 83,27948 COMPUMARK CHINA TR ADEMARK REPORT 2018
Mainland China was the world’s largest trademark register for new applications in 2017,
with more than 12 times as many applications than the second placed US register, and
nearly 20 times as many applications than India in third place.
Figure 22 : Top trademark registers — annual filing volume
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
0
a
A
a
il
n
a
o
TM
a
y
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an
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y
an
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az
re
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ic
US
do
an
w
EU
ex
nt
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r
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rm
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ng
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h
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Ar
ut
an
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nl
ite
ai
Un
M
Even adjusting for population – mainland China is the world’s most populous country – the
Chinese register led the world in 2017, with more than 3,500 trademark applications filed
per one million people, ahead of the Taiwanese trademark register and South Korea:
Figure 23 : Top trademark registers 2017 — trademark applications per million population
= 400 Applications
MAINL AND CHINA TAIWAN SOUTH KOREA
ARGENTINA FR ANCE JAPAN
USA TURKEY UNITED KINGDOM
MEXICO GERMANY BRAZIL
EUTM INDIACOMPUMARK CHINA TR ADEMARK REPORT 2018 49
The one measure where mainland China trademark register led the world in 2017,
still lags behind other major trademark with GDP per trademark application of $US
registers is GDP per trademark application 47.8M. The USA was second at $US 45.6M
(in $US million). This is an indicator of per trademark application. Mainland China
the relative economic value of each was in last place among major registers, with
application. On this measure, the German GDP per trademark application of $US 2.2M.
Figure 24 : Top trademark registers 2017 — GDP per trademark application ($US thousand)
60,000
50,000
40,000
30,000
20,000
10,000
il
an
y
A
UK
n
ce
a
a
o
a
a
an
di
in
in
az
re
pa
ic
US
an
w
ex
Ch
In
nt
Ko
Br
rm
Ja
i
Ta
Fr
ge
M
d
h
Ge
an
Ar
ut
So
nl
ai
M
SOURCE: International Monetary Fund April 2017 forecast http://www.imf.org/external/pubs/ft/weo/2017/01/weodata/weorept.aspxCOMPUMARK CHINA TR ADEMARK REPORT 2018 51 6 : Success Rates
52 COMPUMARK CHINA TR ADEMARK REPORT 2018
COMPUMARK SUCCESS INDEX –
SUCCESS RATE ACHIEVED BY CHINESE APPLICANTS
CompuMark™ uses a metric called the Chinese applicants filing trademark
CompuMark Success Index to measure applications on major trademark registers
the registration vs failure rate of in 2016 achieved a CompuMark Success
trademark applications. Index that was significantly higher than
the register average in each major register.
The CompuMark Success Index indicates In the EUIPO, Japanese and UK registers,
how many applications are registered for Chinese applicants were two to three times
each unsuccessful application; the higher more successful in having applications
the score, the better the success rate. reach registration than the market average.
Applications to register a trademark can be
expensive investments for brand owners, This success is likely to be due to the
so maximizing the chance of an application distinctive and relatively unique nature of
leading to a registration is a valuable strategy. the marks being applied for – particularly
if they use Chinese words or Chinese
characters – which means they are unlikely
to conflict with existing rights already
on the register. However, as more Chinese
marks reach foreign registers the likelihood
of conflict will undoubtedly increase,
and success rates may fall as a result.COMPUMARK CHINA TR ADEMARK REPORT 2018 53
COMPUMARK SUCCESS INDEX
Figure 25 : CompuMark Success Index — 2016 applications
30
25
20
15
10
5
0
US EU Japan Korea UK Australia
All applicants
Chinese applicants
CompuMark Success Index = Registration Rate / Failure Rate54 COMPUMARK CHINA TR ADEMARK REPORT 2018
TRADEMARK BEST PRACTICES –
FILING INTERNATIONALLY
Do your homework Other registers (e.g. EU, UK) will NOT stop
Global brand owners usually screen other applicants from registering marks that
(simple online checks) and search potential are too close – you need to constantly check
marks before they file applications to avoid for possibly infringing applications and file
expensive mistakes. an opposition if necessary to stop them.
The best way to do this is to have a trademark
They check for existing records on each watch service – this will automatically tell you
register that might stop them using their if someone tries to file an application that is
mark locally – existing marks that are too similar to your brand.
too close will act as a block.
Get local help
Understand the local rules Even before filing an application, try to find
Western registers have different rules. a law firm in each country who can help you
The USA has special requirements regarding if you have a problem. If a problem happens,
proof of use. These requirements are quite often the deadline for responding is very
specific, and the United States Patent and short and if you don’t know someone locally
Trademark Office has recently announced a who can help, you might not have time.
pilot scheme to target fraudulent specimens
of use. The EU and UK Trademark Offices Consider using the international
do not require proof of use, but a mark may (WIPO – Madrid Protocol) system
be cancelled after five years if someone Many international brand owners use
challenges it and you can’t prove that it is the International (WIPO – Madrid Protocol)
in commercial use. system. The Madrid Protocol International
system has a number of very important
Some registers will reject an application advantages:
if it is too close to existing marks on the
register (e.g. USA); other registers will not • V ery cost effective – no law firm fees
check for similar records and rely on other for filing
owners to file an opposition. It is important • S imple administration – one form
to be aware of deadlines for responding to can cover over 100 countries
examination reports and oppositions. • T he international system is quick as it
requires countries to meet rules about
Protect your brand examination times; if an application is
Some registers (e.g. USA) will stop other not examined quickly it can become
applicants from registering marks that are registered automatically.
too close to your brand.COMPUMARK CHINA TR ADEMARK REPORT 2018 55
While filing through the Madrid Protocol international system has a number
of advantages, less than 3% of foreign trademark applications filed by
Chinese applicants were filed via WIPO.
WIPO-IR
3,563
NATIONAL
115,469
Figure 26 : Foreign trademark applications filed by Chinese applicants — 2017COMPUMARK CHINA TR ADEMARK REPORT 2018 57
7 : Best Practices From
Mainland China58 COMPUMARK CHINA TR ADEMARK REPORT 2018
BEST PRACTICES FROM MAINLAND CHINA
Haifeng Qian Hui Huang Jianping Li Bing Zhu
To better understand how Chinese brand owners approach filing foreign trademark applications and managing a global portfolio,
CompuMark™ spoke with Mr. Haifeng Qian, General Counsel & Director at Beiqi Foton Motor Co. Ltd., Mr. Hui Huang, Senior Partner
and Ms. Jianping Li, Trademark Consultant at Wanhuida Peksung IP Group, and Mr. Bing Zhu, General Manager (Legal Department)
at China National Cereals, Oils and Foodstuffs Corporation (COFCO).
How do you decide in which How do you advise on strategies for • The name and address of the applicant
jurisdictions to protect your brands? filing trademarks overseas? should be consistent or else its own prior
registration or application may cited
COFCO: We will select target overseas WANHUIDA PEKSUNG: We recommend as an obstacle to a later application,
countries/regions based on our strategic that trademark applicants consider incurring unnecessary expenditure to
operation plan and the local policies the following: reply to the refusal
relating to intellectual property rights • Take advantage of regional trademark
in these countries/regions. Generally, • T he trademark requirements in the registration systems such as the EUTM,
in addition to the areas in which our countries where the products will the Madrid/IR system, OAPI and ARIPO
businesses operate, some other areas of be exported, the classification and in Africa to control the budget
strategic significance will also be selected. specifications of the products per se, • Carefully select the timing for registration
and the company’s competitive strength and utilize prior rights if they exist.
BEIQI FOTON: In terms of trademark are all crucial in making a well-targeted Familiarise yourself with the provisions
protection, we have always stressed that registration plan of international or regional treaties,
“trademark registration comes before • Trademark registration should be obtained agreements, laws and regulations,
product selling.” For a new brand, we locally before exporting the products combine them with your own practice
will first of all list the countries to file the to that country. Since the registration and file your trademark application
trademark according to the product plan requirements vary from country to country, overseas without delay
and anticipated market demand proposed filing strategies may need to be adjusted to
by our business department, and then we meet local requirements
will investigate the trademark’s availability • A comprehensive plan should be developed
in the listed overseas countries to confirm by considering the representation and
the risks of conflict. In this way, we will language of the trademark, the goods/
decide whether the name is available and services, and the sequence of filing
in which countries we will register it. in different countries and regions
• T he registration is advised to cover the
goods per se as well as the services
relating to the goods, which is effective
to protect against squattingCOMPUMARK CHINA TR ADEMARK REPORT 2018 59
How do you research trademark Some countries have low inspection It is rather common practice in China to file
availability when filing outside China? efficiency so that it may take seven to a trademark in respect of as many similar
eight years to get the certificate. If there subgroups under one class in order to
BEIQI FOTON: Before 2013, we entrusted is lawsuit or some other complexities, maximize its scope of protection. The use
trademark agents and/or law firms within the time of filling is more unpredictable. of such practice in outbound trademark
each specific country to investigate Thirdly, the inspection procedures vary applications may risk the application being
trademark availability. However, since from one country to another. In China, rejected in some countries/regions (such
2014, we have used the SAEGIS® global substantive review for trademark filling is as Hong Kong, Japan and South Korea),
database to locate potential conflicts and employed, while in other countries (EU for where in the absence of a partial rejection
to clear new trademarks around the world, example), formal review is adopted which mechanism, the overlapping of or conflict
which has significantly shortened our indicates that the trademark will be registered between some goods or services may result
screening time and saved our costs. three months after publication without any in total refusal of the application.
objections, and this means global trademark In such circumstance, the applicant needs
What difference do you see when monitoring is particularly important. to choose wisely and precisely which goods
filing overseas compared to in China? or services he chooses to seek for the
WANHUIDA PEKSUNG: Apart from an array protection of his trademark. Moreover,
BEIQI FOTON: When filling overseas, each of differences in costs, examination periods it would be advisable to run a rough check
country has its differences compared to and grounds, there are also significant on one’s own overseas trademark portfolio
China in terms of legal environment, cost procedural differences. For instance, it is not to avoid filings being obstructed by and
and efficiency. Firstly, the cost of overseas unusual that evidence of use or a statement refused on the basis of an own prior mark.
trademark filling can be relatively high. of use is required to be filed in order to
Before a brand hits the market, its global obtain registration, and the voluntary
trademark registration arrangements submission of trademark use is mandatory
require a significant investment, and even after the registration of trademark in
if there are subsequent objections or many jurisdictions. Such practice requires
lawsuits, the cost can be higher. Secondly, that the registration of a trademark is only
the time for trademark authorization in sustained by voluntary and continuous filing
overseas countries is quite long. of evidence of use or statement of use.60 COMPUMARK CHINA TR ADEMARK REPORT 2018
What challenges do you see when filing How do you select partners to business and its domestic ranking.
trademarks overseas? help with your overseas filings? In addition, information about the agencies
can also be found in professional activities
COFCO: Countries in different geographic BEIQI FOTON: Generally, we choose and on professional media platforms.
locations often have differences in legal our partners based on considerations For complicated cases, we normally
systems and languages, and as a result, of professionalism, experience, choose well-known law firms with a good
we feel it is best to work with local promptness of feedback and effectiveness reputation. After the strict inspection of the
agencies, which has significant negative of problem solving. law firm’s history, its international reputation
impact on efficiency as it is after all a kind and agent’s working experience, we will have
of indirect communication. COFCO: We generally select our partners a careful preliminary communication with
based on the following factors: the law firm on the case and then make the
Do you use the WIPO Madrid best choice according to specific situations.
International Registration system? 1. T
heir clients, which can be a useful
If so, why? If not, why? indication of their capabilities
and reputation
BEIQI FOTON: We usually register 2. Their position in industry rankings
international trademarks through Madrid and the honors they have gained
system, because it’s very convenient. 3. T heir experience and size – experience
Under this system, one filling can be and stability are very important
applied in more than 100 countries.
The Madrid system also has time and cost WANHUIDA PEKSUNG: When selecting
benefits after registration with simplified partners, we adhere to the principle of
processes for owner changes and renewal. “reliable + efficient.” Commission fees will
be considered but it’s not the decisive
COFCO: We use the Madrid system in factor. We care more about the partner’s
our overseas filing, but also file national professionalism and credibility. More
applications. The decision on which specifically, the partner selection can be
registration system to use is primarily categorized into easy cases and complicated
made according to the actual needs of our cases. For straightforward cases, we
business. National applications are the will search for agencies which can offer
only option in countries which are not part reasonable price, quick feedback and fair
of the Madrid system. quality. Overseas agencies can be found
from INTA membership list. We will review
the firm’s website to understand its date
of establishment, the scale and scope ofCOMPUMARK CHINA TR ADEMARK REPORT 2018 61
CONCLUSION
Mainland China has featured prominently trademark registers around the world, how
on the radar of global brand owners to build a network of partners around the
for a number of years, with its allure as world, and how to protect and enforce their
the world’s largest single market and brand once it is registered.
over 1.3 billion consumers each with
growing purchasing power and relatively If recent trends continue, trademark
untapped access to global markets. registers outside of mainland China –
particularly in the US and Europe – are
While the primary focus within mainland likely to see Chinese applicants playing a
China has been to build a strong domestic significant role in their markets, with the
trademark register – with unrivalled success very real possibility that these registers
in terms of filing numbers – Chinese brands could look very different in terms of their
are now looking outward. Chinese brand make-up and volume within the next four-
owners need to develop a strategy when year cycle.
building a global brand, including how to
overcome the challenges posed by different62 COMPUMARK CHINA TR ADEMARK REPORT 2018
COMPUMARK – HELPING BRAND OWNERS GO GLOBAL
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ABOUT COMPUMARK ABOUT CLARIVATE ANALYTICS AMERICAS
CompuMark ™ is the industry leader Clarivate Analytics is the global leader Main office (USA) : +1 (800) 692 8833
in trademark research and protection in providing trusted insights and analytics compumark.us@clarivate.com
solutions. We enable trademark and brand to accelerate the pace of innovation.
professionals worldwide to launch, expand Building on a heritage going back more CANADA
and protect strong brands through the than a century and a half, we have built +1 (800) 561 6240
highest quality global content; expert some of the most trusted brands across compumark.ca@clarivate.com
analysis; superior trademark screening, the innovation lifecycle, including
search, and watch tools; and best-in-class CompuMark, Web of Science, Cortellis, EMEA
service. Key products include: SAEGIS® Derwent, MarkMonitor and Techstreet. Main office (Belgium) : + 32 2 200 89 98
Trademark Screening Tools; TM go 365 ™ Today, Clarivate Analytics is a new compumark.be@clarivate.com
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to life-changing innovations. compumark.uk@clarivate.com
To learn more about how CompuMark ™
can help with your trademark search For more information, please visit FRANCE
and protection needs, visit us at clarivate.com +33 01 57 32 47 99
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To contact CompuMark™ regarding the ITALY
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