HOW TO REGISTER A TRADEMARK IN CHINA

MEMO ON TRADEMARK REGISTRATION IN CHINA

I.             REQUIREMENT DOCUMENTS

a.       Full name and address of the applicant in English and Chinese;

b.       Original Power of Attorney;

c.       Specimen of trademark (an electronic version is preferable, together with confirmation as to whether color protection is to be claimed, if the mark is used in color);

d.       The list of Classes and goods/services designations to be claimed under each Class (in accordance with the NICE CLASSIFICATION adopted in mainland China);

e.       Priority documents (if any)

NOTE: If the applicant is a company, a sealed copy of updated Certificate of Incorporation is required; If the applicant is a natural person, a clear signed copy of personal Identity Card together with the ID number or a clear copy of passport page together with passport number is required.

II.            GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE

The approximate time from application to registration (for a regular prosecution, without opposition) is 10 to 16 months, assuming that no Office Action is needed.

III.         VALIDITY TERM

The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.

For the renewal of a trademark registration, an application for the renewal should be filed within 12 months prior to the expiry date of the trademark. A grace period of six months may be granted after the expiry date.

IV.    PROCEDURE

1.       Formality examination

After receiving the application documents, the Trademark Office will conduct an initial formality review. If the required application documents are filled in and the fees are paid, the Trademark Office will accept the application and issue an Acceptance Notice.

If the application documents meet the basic requirements but some details need to be corrected, the Trademark Office will issue an Amendment Notice and require the applicant to make an amendment within 30 days. The applicant can only file the amendments once; if the examiner is dissatisfied with the amendment, the application will be rejected.

2.       Substantive examination

If the is no objection, the application will be published in the Trademark Gazette. If the application does not comply with the registration requirements, a notice of refusal will be issued. The application has 15 days (or 30 days if applications are filled via e-filling) to respond.

3.       Publication

If an application is found entitled to registration, the mark will be published. Third parties may oppose the application within three months of its publication.

4.       Registration

If no one opposes the trade mark application, the application will proceed to registration. Registration certificate will be issued within one or two months upon the expiry of opposition period.

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