Trademark Registration China - China is a member of the Madrid Agreement and the Madrid Protocol. Legal basis is the Trademark Act, in force since August 23rd, 1982, last amended December 1st, 2001. Trademark protection is obtained by registration. However, the existing trademark law protects unregistered trademarks if the mark has been used and enjoys a certain reputation or the mark is recognized as a well-known mark in China. China follows the first-to-file system.

 

Trademark Registration: Requirements

 

An application must include the following documents before the China Trademark Office will accept it.
 

⑴Authorization letter of registration;
⑵ Qualification certificate of applicant: a copy of the business certificate (if the applicant is a company) or a copy of the applicant’s ID card or passport (if the applicant is an individual) .Foreign applicants do not need a domestic company registration.Foreign applicants can only file through an officially recognized agent.
⑶A clear drawing of the trademark;

⑷ A listing of the goods or services;

⑸ The filing fee for at least one class of goods or services.

 

NOTE: 1 class covers 10 class items. For each additional class item beyond the 10th item for each class there is an extra fee. Based on the exact amount of class items, we will confirm the cost.

 

Trademark Registration:Procedure

 

1.Notice of Acceptance
When The China Trademark Office receives your application data of trademark registration, they will give you an application number and issue the Notice of Acceptance within 3 months.
 

2.China Trademark Examination
After the China Trademark Office determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.
A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.
 

3.China Trademark Publication
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is three months publication of the China Trademark Office.
 

4.China Trademark Registration
If no party files an opposition or requests to extend the time to oppose, the China Trademark Office will normally register the mark and issue a registration certificate. The date of filing the application will be the registration date.
 

Trademark registration: Time and Duration

 

The approximate time for obtaining the certificate is about 18-24 months for smooth application. A trademark registration in China is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

 

For further information or assistance, please feel free to contact us

 

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