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TRADEMARK REGISTRATION
PROCEDURES
IN P.R.CHINA
● PRELIMINARY SEARCH
Before applying for registration, a preliminary
search will be recommended to reduce the probability of conflicting
with the prior pending/registered trademarks and to save the
cost of registration as well. Any word, device or their combination
used in a trademark should be searched separately to make sure
whether it is registrable. Based on the results, we recommend
to our clients whether to proceed with official trademark application
or not.
● APPLICATION PROCEDURE
1. Once the application is filed, the Trademark
Office will conduct two examinations respectively of the mark.
The first one is to determine whether the application formalities
are complete as stipulated in Trademark Law.
If the application is completely and correctly
presented, the Trademark Office will issue a Notification of
Acceptance in about 3 months, which bears the application number
and date. Then the Trademark Office will proceed to the second
examination to determine whether the mark is registrable in
three main aspects as following:
i. Whether no identical / similar trademark
exists in respect of the same or similar goods;
ii. Whether the trademark is so distinctive as to be distinguishable;
iii. Whether the trademark is in conformity with Trademark Law
of the People's Republic of China.
2. If the trademark is approved by the
trademark examiner in the second examination as mentioned above,
it will be published in the Trademark Gazette within approximately
12-18 months for opposition, a 3-month period, during which
everyone may file an opposition against the registration of
the said mark.
3. If no opposition is filed, the Trademark
Office will issue the certificate of registration subsequently.
In conclusion, it usually takes 24-30
months for an application to proceed to registration. A mark
will be protected for a period of 10 years from its registration
date and may be renewed for an equal period.
● FILING REQUISITES
1. Form of trademark filing instruction
2. Power of Attorney
In accordance with Trademark Law of the People's Republic of
China, any foreign individual or enterprise shall designate
a local Chinese trademark agency as the representative in all
matters related to trademark registration.
i. simply signed by the foreign individual;
ii. simply signed by the enterprise's president or in her/his
absence, by any representative if the applicant is a foreign
enterprise.
3. Samples of the mark (10 pieces)
4. A copy of passport shall be presented if the applicant is
a foreign individual. |
