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GUIDE TO PROCEEDING WITH TRADEMARK MATTERS IN THE
PEOPLE'S REPUBLIC OF CHINA
Filing for Trademark Registration
- Power of Attorney in duplicate
- Application Form for Trademark Registration (may be completed
by us)
- 15 specimens of the mark (if color is claimed, 4 more pieces
in black and white shall be provided)
For trademark used on pharmaceutical products, medicine, nourishing
food and
food for baby, certificate of authorization of manufacturing and/or
marketing
the product issued by the competent government body of the applicant's
home
country should be submitted.
China adopts the International Classification of Goods and Services.
The Chinese version of the name of the applicant is required by
Trademark
Office (TMO) while filing the application.
Renewal
- Power of Attorney in duplicate
- Application Form for renewal
- The original registration certificate of the mark
- 10 specimens of the trademark
The renewal application may be filed 6 months before or after
the expiration
date of the registration.
Opposition
- Power of Attorney in duplicate
- Application Form for opposition
The above documents must be lodged within 3 months from the
date of
publication of the opposed mark.
Dispute
- Power of Attorney in duplicate
- Application Form for adjudication on the disputed mark
The above documents must be lodged within one year from the
date of the
registration of the disputed mark.
Assignment
- Power of Attorney in duplicate
- Application Form for assignment of the registered mark
- One copy of the registration certificate of the mark
The Power of Attorney shall be executed by the assignee and
the Application
Form for assignment shall be executed by both the assignor and
the assignee.
Recordal of Mark License Contract
- Power of Attorney in duplicate
- Form for Recordal of mark license contract in duplicate
- 3 copies of the Mark License Contract
- 2 copies of the registration certificate of the mark
The Power of Attorney must be signed by the licensor and the Form
for Recordal
signed by both licensor and licensee.
Modification of Registrant's Name and/or
Address
- Power of Attorney in duplicate
- Application Form for modification
- One copy of the registration certificate
Cancellation of an Improper Registration
- Power of Attorney in duplicate
- Application Form for cancellation of an improper registration
of a mark
Claiming Conventional Priority
- The declaration for claiming priority shall be submitted at
the time of filing;
- Priority certification document, with filing date and number,
must be certified by the competent authorities of the country
in which the trademark was first filed
Priority certification document shall be lodged within 3 months
from the date
of filing of the application.
Application for Review
When applying for review of a refused trademark, review of the
decision on
opposition or adjudication of disputes concerning a trademark,
review of the
decision on canceling a registered trademark, review on the decision
of the
Trademark Office to refuse his application of assignment, etc.,
the applicant
is required to state reasons and provide necessary evidence and
to submit:
- Power of Attorney in duplicate
- Application Form for review
The above documents shall be lodged within 15 days from the
receipt of the
notification of refusal or decision. The said time limit could
be extended
once for 30 days
GUIDE TO PROCEEDING WITH TRADEMARK MATTERS IN FOREIGN
COUNTRIES
Madrid
International Registration of Marks
◇ Condition for applicant
Any enterprise, institution, individual producer or trader (including
those
of Taiwan, Hong Kong, Macao)
◇ Documents necessary while filing
- Power of Attorney
- Application for trademark registration in foreign countries
10 specimens of the trademark
- 2 copies of the trademark registration certificate
Trademark
Registration Application in Other Countries
Documents necessary while filing:
- Power of Attorney
- Application for trademark registration in foreign country
- 10 specimens of the trademark
The Documents necessary while filing in the foreign countries
are different
from country to country due to the differences of regulations
of Trademark
Laws of the countries. In addition to the above documents, some
countries
require the applicant to submit a signed Power of Attorney of
a local agency in
that country, or a notarized or authorized Business License in
the home
country.
Other
Observations
- While filing the trademark registration application, the designated
products should be labeled with internationally used terminology,
the name of products should be concrete and with accurate English
translation
- The title of the signer of the Power of Attorney should be provided
- The description of the design of the mark should be provided
if the mark contains a design
- The trademark registration applications can be filed in most
of the foreign countries even the said mark is not registered
in China. But the
trademark registration applications in some countries should be
based on
the registration in the home country
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