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China Trademark Registration

Updated:2018-5-15 14:40:19    Source:www.tannet-group.comViews:381

China trademark registration is filed with the State Intellectual Property Office of the People's Republic of China (SIPO). Protecting your trademark in China requires first and foremost that you register your trademark in China. The Chinese Trademark Law provides: "Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark, including service mark, shall file an application for the registration of the trademark with the Trademark Office".

General Procedures for China Trademark Registration
Step 1: Preliminary Search
Before filing the application, it is recommended to search for the trademark in order to avoid the conflict trademarks that may lead to the refusal. 

Step 2: Filing the application
Foreign applicants without residency or place of business in China are required to submit trade mark applications through a local Chinese trade mark agent who will deal directly with the China Trade Mark Office (CTMO).

Step 3: 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. The examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

Generally, an application will be examined after it has been filed. If no objections are raised, the application will proceed to acceptance.

Step 4: Opposition
After acceptance, a trademark application will be published for opposition in the official bulletin. The opposition period is 90 days.

Step 5: Registration
If there is no opposition after the statutory 90 days period from the date of publication, the  Certificate of Registration will be issued.

Filing Requirements
The requirements for filing a trademark application in China are as follows:
1. A representation of the trademark;
2. A list of goods and services;
3. The applicant (s) details;
4. Power of Attorney. (Note: The signed Power of Attorney is sufficient)
5. Other materials required. (if any)

Note: The above mentioned materials is just for your reference, as the specific documents required vary from each case. Therefore, you may consult with our consultants before the application. 

Time Frame
For a smooth registration process, the approximate time frame from filing the application to receiving the Certificate of Registration is around 12 -18 months.

Validity of the Trademark
A trademark remains in force for a period of 10 years from the filing date and it can be renewed for further 10 year periods upon payment of renewal fees.

Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512 or 86-755-82143181 or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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