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Filing Requirements:

Trademarks: China


  Trademark Filing Requirements:
  1. Simply signed power of attorney (Power Form).

  2. Details of the applicant.

  3. Details of the mark.

  4. Prints of the mark.

  5. Certified copy of priority document in case priority is to be claimed.

 

  Renewal Requirements:

  1. Simply signed power of Attorney (Power Form).

  2. Representation of Mark.

  3. Original Chinese Registration Certificate.

  4. Letter of instruction.

 

  Change of Name / Address Requirements:

  1. Simply signed power of attorney under new name (Power Form).

  2. Original document certifying change of name .

  3. Letter of instruction including name and address of registrant both before and after change.

  4. Original Chinese certificate of registration.

 

  Assignment Requirements:

  1. Simply signed power of attorney (Power Form).

  2. Assignment document singed by both parties. (Assignment Form).

  3. Copy of Chinese registration Certificate.

  4. Instruction letter including names and addresses of both parties.

  5. Consideration is not acceptable, no Tax implications, no stamp duty, with Goodwill.

  6. Pending application may be assigned, unregistered mark may not be assigned.

 

  Searches:

  1. Method of search: Conducted by computer on the official data base.

  2. Time to be taken: 2-3 working days.

  3. Contents: Search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

 

General Information:

Classification of Goods / Services: International classification.

 

Claiming Priority under Paris Convention: Yes.

 

Filing International Registration under Madrid Agreement: Yes.

 

Filing International Registration under Protocol to Madrid Agreement: Yes.

 

Registrable: Trademarks, service marks, collective marks, certification marks.

 

Time until Issuance of Registration Certificate:   18 months.

 

Registration Duration: 10 years from filing date.

 

Renewal Application: Within 6 months before expiry.

 

Renewal Duration: 10 years.

 

Publication: After the application is accepted and after the registration certificate is issued in the Trademark Gazette

 

Opposition Period: After the application is accepted and after the registration certificate is issued in the Trademark Gazette

 

Use: Non-use for 3 years within the terms of validity makes the registration vulnerable to cancellation; it is possible to file for protection of a mark that is not being used.

 

 


 

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