Trademark&Design

Introduction
In China, any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colors, and their combination, an application may be filed for registration.
Registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks, service marks, collective marks and certification marks; the trademark registrants shall enjoy the exclusive right to use the trademarks, and be protected by law.
Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the trademark with the Trademark Office. Any natural person, legal entity or other organization intending to acquire the exclusive right to use a service mark for the service provided by it or him, shall file an application for the registration of the service mark with the Trademark Office.
Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall appoint any of such organizations as designated by the State to act as its or his agent.
procedure

Search
Formal requirements:
1. Instruction letter indicating the international classes the applicant intends to search;
2. Clear word or device mark in text format by fax or in electronic format by email.
 
Notes:
1. Trademark search is not the mandatory step for application, but it is a necessary step.
2. Trademark shall be examined separately in China if the mark comprises several elements, such as word and device, word with Chinese and English characters. Therefore, separate searches for the combining mark are necessary.
3. Trademark search with professional report usually takes two or three working days.
Registration

Formal requirements:
1.  Instruction letter indicating the applicant’s detail, i.e. its name, address and the Chinese translation thereof (if the applicant does not have Chinese name, we can do the translation including the address with no charge);
2. The classes in which registration is sought;
3. A definition of all the goods or services sought to be covered in each registration.
4. Details of the priority application (if appropriate);
5.  A certified priority document and its English translation if it is not in English;
6. A specimen (5-10cm) of the mark if it is in black and white. 8 color copies and two black and white copies if the mark claims color protection;
7. A signed power of attorney (No legalization or notarization is required).
8. Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1. Apply for the registration of a trademark, a separate application shall be filed in respect of each class of goods or services.
2. Multi-class application is not applicable in China, and extra official fees should be paid for each additional product/service over the basic ten in one single application.
3. The goods or services shall be listed in the application according to the Classification of Goods and Services. If the goods or services are not listed in the Classification of Goods and Services, a description of the said goods or services shall be attached.
4. Anyone claiming the right of priority shall make a statement in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.
5. The time assumption for TM registration in China
● From filing to official acceptance:        one or two months
● Preliminary examination:                   twelve to fifteen months
● Publication period:                         three months
● Time for issuance of certificate:            one month

Opposition
Formal requirements:
1. Instruction letter Indicating the opposer’s detail, i.e. its name, address and the Chinese translation thereof
2. Publication and preliminary approval number;
3. A power of attorney, which executed by the opposer;
4. Reasons and evidential materials.
5. Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1. Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed after the expiration of the time limit from the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.
2. Where an opposition is filed to a trademark, which after examination, has been preliminarily approved and published by the Trademark Office, the opponent shall submit the Application for Trademark Opposition in duplicate to the Trademark Office. The Application for Trademark Opposition shall indicate the issue number of the Trademark Gazette on which the opposed trademark is published, and the number of preliminary approval of the opposed trademark. The Application for Trademark Opposition shall contain the specific requests and facts and grounds, with relevant proofs and certificates attached.
3. The Trademark Office shall send a copy of the Application for Trademark Opposition to the opposed party and require him to make a reply within thirty days from the date of his receipt of the copy. His failure to make a rep1y shall not affect the adjudication by the Trademark Office on the opposition.
4. Where an interested party needs to supplement relevant proofs and certificates after he raises an opposition application or makes a reply, he shall make a statement in the application or reply, and submit the proofs and certificates within three months from the date of submission of the application or rep1y; where he fails to submit them at the expiration of the time limit, the interested party shall be deemed to have abandoned supplementing the relevant proofs and certificates.
 
Review
Formal requirements:
1. Instruction letter;
2. Power of Attorney, executed by the applicant;
3. Original notification of the Refusal;
4. Reasons and evidential materials;
5. Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1. Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify 'the applicant in writing.
2. Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verification, make a decision. Where any party is dissatisfied, it or he may within fifteen days from receipt of the notification, apply for a reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify both the opponent and applicant in writing.
3. Where an interested party needs to supplement relevant proofs after he files an application for trademark review and adjudication or makes a reply, he shall make a statement to this effect in the Application or Reply, and submit the proofs within three months from the date of filing the Application or making the Reply; if the proofs are not submitted at the expiration of the time limit, the supplementation thereof shall be deemed to have be abandoned.
 
Renewal
Formal requirements:
1.  Instruction letter;
2.  Power of Attorney, executed by the applicant;
3.  Copy of the certificate of trademark registration;
4.  Six specimens of the trademark for each application;
5.  Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1.  Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration the grace period, the registered trademark shall be cancelled.
2. The period of validity of each renewal of registration shall be ten years.
3.  Any renewa1 of registration shall be published after it as been approved.
4.  The period of validity of a renewed trademark shall be calculated from the day after the expiration of the previous period of validity of the said trademark.
5.  It usually takes six months from the filing date to be approved.
 
Recordal of Licence Agreement
Recordal of Licence Agreement
Formal requirements:
1. Instruction letter; indicating the detail information of both the licensor and the licensee;
2. Power of Attorney, executed by the Licensor;
3. Original trademark license agreement;
4. License application form signed by both the licensor and the licensee;
5. Copy of the certificate of trademark registration;
6. Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1. Where any party licenses another to use his registered trademark, the licensor shall submit the trademark licensing contract to the Trademark Office for filing within three months from the date on which the contract is concluded.
2. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used.
3. Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark.
4. It usually takes one month from the filing date to be recorded.
Assignment
Formal requirements:
1. Instruction letter; indicating the detail information of both the assignor and the assignee;
2. Power of Attorney, executed by the assignee;
3. Original trademark assignment agreement;
4. Assignment application form signed by both the assignor and the assignee;
5. Copy of the identification certificate (if the applicant is an individual).
 
Notes:
1.The formalities of applying for the assignment of the registered trademark shall be gone through by the assignee.
2. The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive right to use the trademark from the date of publication.
3. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.
4. Where the registrant of a trademark dies or ceases, the registered mark shall be transferred within one year from the date of the death or the cessation.
5. When applying for the assignment of a registered trademark, the trademark registrant shall assign all the identical or similar trademarks registered in respect of the same or similar goods.
6. It usually takes six months from the filing date to be approved.
Madrid Trademark registration
Registering your trademark in China does not protect it abroad. If you want to use your mark in countries other than China, you can protect it in more than one country using a single application.
 
Also, You can apply to register your trademark in countries, which have signed the Madrid Protocol through WIPO (the World Intellectual Property Organization). WIPO is based in Geneva, Switzerland.
There are several benefits in using this system to protect your trademark in different countries rather than making separate applications to each country.
These include:
less to pay;
less paperwork;
lower agent costs;
faster results; and
easy application.
 
For more information, please contact us.
Classification of Goods/Services

The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks. The Classification consists of a list of classes—there are 34 classes for goods and eleven for services. Both lists are amended and supplemented periodically by a Committee of Experts on which all contracting States are represented. The current edition of the Classification is the ninth, which entered into force on January 1, 2007.

GOODS  
CLASS 01; CLASS 02; CLASS 03; CLASS 04; CLASS 05; CLASS 06; CLASS 07;
CLASS 08; CLASS 09; CLASS 10; CLASS 11; CLASS 12; CLASS 13; CLASS 14;
CLASS 15; CLASS 16; CLASS 17; CLASS 18; CLASS 19; CLASS 20; CLASS 21;
CLASS 22; CLASS 23; CLASS 24; CLASS 25; CLASS 26; CLASS 27; CLASS 28;
CLASS 29; CLASS 30; CLASS 31; CLASS 32; CLASS 33; CLASS 34;  

SERVICES

 
CLASS 35; CLASS 36; CLASS 37; CLASS 38; CLASS 39; CLASS 40; CLASS 41;
CLASS 42; CLASS 43; CLASS 44; CLASS 45      

GOODS

Class 01 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 02 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 04 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 05 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 06 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 07 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 08 Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 09 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12 Vehicles; apparatus for locomotion by land, air or water.

Class 13 Firearms; ammunition and projectiles; explosives; fireworks.

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Class 15 Musical instruments.

Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23 Yarns and threads, for textile use.

Class 24 Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 Clothing, footwear, headgear.

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32 Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33 Alcoholic beverages (except beers).

Class 34 Tobacco; smokers' articles; matches.

SERVICES

Class 35 Advertising; business management; business administration; office functions.

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37 Building construction; repair; installation services.

Class 38 Telecommunications.

Class 39 Transport; packaging and storage of goods; travel arrangement.

Class 40 Treatment of materials.

Class 41 Education; providing of training; entertainment; sporting and cultural activities.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

Class 43 Services for providing food and drink; temporary accommodation.

Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45 Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
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