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China Trademark Registration System
发起人:wangjinmeng  回复数:1  浏览数:8734  最后更新:2022/9/27 12:41:18 by nihaosb

发表新帖  帖子排序:
2019/3/26 17:37:38
wangjinmeng





角  色:管理员
发 帖 数:30
注册时间:2019/3/25
China Trademark Registration System
Introduction to China Trademark Registration System











Principle on Trade Mark Protection






China adopts "first-to-file" for trademark protection, and the Trademark Law of China mainly protects the registered trademarks.

If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.




For un-registered marks, if it has been applied for registration in bad-faith by someone else, the original mark owner can raise opposition against the bad-faith application, but without right to bring litigation.

Further, if an un-registered well-known mark is used by someone else without authorization and/or license, and cause misleading, the original mark owner can raise court action under the Law Against Unfair Competition.




Kinds of Registrable Trade Marks






In China, the term “trademark?includes merely word mark, device mark, 3D mark, color per se mark, and their combination.

In addition, there are special trademarks are enacted and protected, such as “certification mark?and “collective trademark?

Required Information and Documents




1. Applicant’s name, address, nationality / company’s registered country;



2. Copy of the Applicant’s Identical Document;



3. Specimen of the mark to be applied;



4. List of goods/services to be applied, and the class(es);



5. Translation & transliteration of foreign language in the mark;



6. A simply signed Power of Attorney; and



7. Priority document, if any.






Timeframe and Procedure for Application

If an application goes smoothly, the whole registration procedure takes about 18-24 months.

A trademark application in China usually takes about 12-14 months for examination, if there is no any refusal, it will then publish for 3 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1-2 months after the end of publication.

Duration and Renewal of Registration

A trade mark registration in China is valid for 10 years from the date of registration, which can be renewed every 10 years, from 12 months before the renewal due date or up to 6 months

after the date expires.







Cancellation System






If a registered trademark has not been actual used in China by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, any third party can apply for revocation to cancel/remove the registration.




For more information, please feel free to contact us.


info@31012333.com


www.31012333.com


2022/9/27 12:41:20
nihaosb





角  色:普通会员
发 帖 数:474
注册时间:2020/11/22

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