Trademark Matters in China
Jul 15,2019
Trademark search
A comprehensive trademark search will help answer two questions relating to your trademark:
"Is anyone using this mark"
"Will use of your trademark subject you to liability for trademark infringement?"
This trademark search is available for free trial from Shenzhen Chiram .
Once it turns out your trademark is available , the trademark registration process can begin .
Trademark registration
Guidelines with Trademark Registration Matters in People’s Republic of China:
Such materials is needed before filing an application:
1, Specimen of the trademark (the pixel of which is between 400 × 400 × 1500 × 1500, or the resolution is between 150 and 300, and it shall be less than 200KB.)
2, Specification of goods/services (China adopts Int’l Classification of Goods & Services);
3, One power of attorney ( the Official seal should be clear)
4, Business license (company) or individual business license (individual)
Once submitting the application for registration of your trademark, it will be made public on the China Trademark Network if approved and after that you will receive a notice of the application acceptance in written form. But if your application is dismissed, you will receive a letter of refusal within 15 days.Within the next six months, a notice of correction will be issued and a search of blind period is required.After this six months period, a publication of this trademark will be made if been preliminarily approved. But if not, your application will receive an office action which you could respond to by getting a review with the Trademark and Review and Adjudication Board ( 15 days after receiving the office action). If you can overcome the refusals, you can still get a publication. Then, a publication for opposition will be required which will last for three months. If the opposition is not justified, a publication of this trademark registration will be made, and you will be granted an electronic certificate of the registered trademark after 40-60 days. And after another 40-60 days, you will be granted a paper certificate. Above are all the steps for you to get a trademark registered.
Guide to register a trademark
in People’s Republic of China:
1. Searching for the trademark
— One power of attorney;
— Find out if your trademark is available.
2. Submitting the application
— One power of attorney;
—Be made public on the China Trademark Network if approved
—Receive a notice of the application acceptance in written form
—If application dismissed, a letter of refusal will be issued within 15 days.
3. The six-months-period
— One power of attorney;
—a notice of correction will be issued
—a search of blind period is required.
4. Reviewing with the TMRAB (THE TRADEMARK REVIEW AND ADJUDICATION BOARD)
— One power of attorney;
— If the application be preliminarily denied for publication, respond to it in 15 days.
5. Making the trademark public
— One power of attorney;
— The trademark will be open for opposition
6. Lodging Opposition
— One power of attorney;
— Grounds of opposition (can be prepared by this firm).
The above documents must be lodged within the three-month opposition period.
7. Getting the trademark registered
— One power of attorney;
A electronic certificate will be issued
A paper certificate will be issued
Trademark renewal
Registered Trademarks are valid for a certain period of time. This is usually 10 years in PRC. So in order to keep your trademark alive, a renewal is required before the expiration date.
Once a trademark is renewed, a certificate of renewal is issued to the trademark owner. And the trademark will be valid for another 10 years.
There is generally a six-month grace period following the expiry of a trademark. During this time, the trademark can still be renewed. However, this will usually result in a surcharge .
If no application for renewal has been made after the expiration of the extension period, the Trademark Office will cancel the trademark.
Filing for Renewal:
— One power of attorney.
The renewal application may be filed 6 (six) months before or within 6 (six) months after the expiration date of the registration.