GUIDE FOR TRADEMARK MATTERS IN CHINA
About TM register in China
I Procedure of trademark registration in the People’s Republic of China:
Since the application, a trade mark shall be examined and be published a preliminary examination notice and it should pass the Opposition Period. If no opposition, or by adjudication the opposition can’t come into existence, the trade mark shall be registered. The registered trade mark shall be published on Trademark Gazette.
After the application of a trademark, with the requirement of Trademark Law and Regulations for the Implementation of TM Law, the trademark should be inspected. During the examination, Trade Mark Office will refuse the application partly because of materials not in accord with the rules, and inform the applicant to add and correct documents. Such is the Initial Examination Period. Before the preliminary examination for approval there is a Priority Waiting Period, six months, and also a Priority Period to Add and Correct Documents, three months. After the Examination Period and the Priority Waiting Period, if the trade mark is in accordance with the rules, there shall be a preliminary examination for approval and it will be published a public notice, the preliminary examination notices. The first three months after the preliminary examination notice is called Opposition Period. In this period, every unit or person can raise an opposition to the trademark in the preliminary examination notice. If there is no opposition in the period, the trademark shall be published a final notice. In a word, after a trademark application, first it should be examined after about 12 months and it should take 12 months for the Priority Waiting Period and Opposition Period. Therefore, under the condition without opposition, it will take about one year and a half to get the Certificate of Trade Mark Registration. And if there is opposition, it shall go to the process of opposition replication or opposition review, then it will take more time to get the certificate.
As long as a trade mark is registered, it will be called Registered Trade Mark, and the registrant has and holds exclusive right to use the registered trade mark, as is protected by Laws. In Trademark Law of the People’s Republic of China, the period of validity of the registered trade mark is ten years, which is from the date of registration of the trade mark. The owner of the trade mark can extend the duration by renewals. The due of each renewal is ten years, from the next day to expiration. If the renewal is approval, then it shall be published and the Trade Mark Office will issue the registrant a trademark renewal certificate, used with the original Certificate of Registered Trademark.
II. Trademark Application
- Power of Attorney, to be executed by the applicant
- Trademark Application Form
- Applicant’s Name of Address in English and Chinese
- Classification and Description of Goods/Services
- 10 Specimen of Mark (for colors marks, 2 specimen of mark in white and black are required)
III.Trademark Assignment
- Power of Attorney, to be executed by the assignee
- Application for Trademark Application/Registration, to be executed by the assignor and assignee
- Copy of Trademark Application Receipt/Trademark Registration Certificate
IV.Trademark Renewal
- Power of Attorney, to be executed by the applicant
- Trademark Renewal Application Form
- Copy of Trademark Registration Certificate
VI. Application of Change of Name and Address
- Power of Attorney, to be executed by the applicant
- Application for Change of Applicant’s/Registrant’s Name（with original evidence of change）
- Application for Change of Applicant’s/Registrant’s Address
- Copy of Trademark Registration Certificate
Opposition and Response of Opposition
- Power of Attorney, to be executed by the applicant
- Application for Opposition or Response
- Relevant Evidences and Materials
Review & Adjudication and Response of Review & Adjudication
- Power of Attorney, to be executed by the applicant in triplicate
- Application for Review & Adjudication or Response
- Relevant Evidences and Materials
About TM register in China
I Procedure of trademark registration in the People’s Republic of China:
Since the application, a trade mark shall be examined and be published a preliminary examination notice and it should pass the Opposition Period. If no opposition, or by adjudication the opposition can’t come into existence, the trade mark shall be registered. The registered trade mark shall be published on Trademark Gazette.
After the application of a trademark, with the requirement of Trademark Law and Regulations for the Implementation of TM Law, the trademark should be inspected. During the examination, Trade Mark Office will refuse the application partly because of materials not in accord with the rules, and inform the applicant to add and correct documents. Such is the Initial Examination Period. Before the preliminary examination for approval there is a Priority Waiting Period, six months, and also a Priority Period to Add and Correct Documents, three months. After the Examination Period and the Priority Waiting Period, if the trade mark is in accordance with the rules, there shall be a preliminary examination for approval and it will be published a public notice, the preliminary examination notices. The first three months after the preliminary examination notice is called Opposition Period. In this period, every unit or person can raise an opposition to the trademark in the preliminary examination notice. If there is no opposition in the period, the trademark shall be published a final notice. In a word, after a trademark application, first it should be examined after about 12 months and it should take 12 months for the Priority Waiting Period and Opposition Period. Therefore, under the condition without opposition, it will take about one year and a half to get the Certificate of Trade Mark Registration. And if there is opposition, it shall go to the process of opposition replication or opposition review, then it will take more time to get the certificate.
As long as a trade mark is registered, it will be called Registered Trade Mark, and the registrant has and holds exclusive right to use the registered trade mark, as is protected by Laws. In Trademark Law of the People’s Republic of China, the period of validity of the registered trade mark is ten years, which is from the date of registration of the trade mark. The owner of the trade mark can extend the duration by renewals. The due of each renewal is ten years, from the next day to expiration. If the renewal is approval, then it shall be published and the Trade Mark Office will issue the registrant a trademark renewal certificate, used with the original Certificate of Registered Trademark.
II. Trademark Application
- Power of Attorney, to be executed by the applicant
- Trademark Application Form
- Applicant’s Name of Address in English and Chinese
- Classification and Description of Goods/Services
- 10 Specimen of Mark (for colors marks, 2 specimen of mark in white and black are required)
III.Trademark Assignment
- Power of Attorney, to be executed by the assignee
- Application for Trademark Application/Registration, to be executed by the assignor and assignee
- Copy of Trademark Application Receipt/Trademark Registration Certificate
IV.Trademark Renewal
- Power of Attorney, to be executed by the applicant
- Trademark Renewal Application Form
- Copy of Trademark Registration Certificate
VI. Application of Change of Name and Address
- Power of Attorney, to be executed by the applicant
- Application for Change of Applicant’s/Registrant’s Name（with original evidence of change）
- Application for Change of Applicant’s/Registrant’s Address
- Copy of Trademark Registration Certificate
Opposition and Response of Opposition
- Power of Attorney, to be executed by the applicant
- Application for Opposition or Response
- Relevant Evidences and Materials
Review & Adjudication and Response of Review & Adjudication
- Power of Attorney, to be executed by the applicant in triplicate
- Application for Review & Adjudication or Response
- Relevant Evidences and Materials