Trademark Application
There are two ways of filing trademark applications in China, i.e. online filing and post filing. The online filing system is only suitable for the new trademark application with standard goods/service items. The other procedures and new trademark application with non-standard goods/service items can only be filed through post filing.
Filing Requirements:
- ★ Power of Attorney;
- ★ A digitized image of the mark in .jpg format;
- ★ Specification of goods/services;
- ★ Name, address and nationality of applicant(s);
- ★ Priority document, if priority is claimed.
Trademark Opposition
Like virtually all trademark systems, China's CTMO publishes a Trademark Gazette with all preliminarily approved marks. A trademark holder will then have three months to file an Application for Trademark Opposition with CTMO, including evidence substantiating its request. From there, CTMO will then send a copy of the Application to the applicant, who will have 30 days to respond. Both parties will then have three months from the date of submission of the Application to provide supplementary evidence. Generally, CTMO will issue its decision through a notice within two to three years of the Application. Thereafter, either party may institute review proceedings with the Trademark Review and Adjudication Board (TRAB) within fifteen days. Subsequently, if a party is still dissatisfied with TRAB's decision, it can then file a suit against TRAB in the People's Court within thirty days of the review decision.
Filing Requirements:
- ★ Power of Attorney;
- ★ Documents needed upon discussion.
Trademark appeals
Trademark appeals in China include the following two types: appeals of objections and appeals of cancellations. Once the application is rejected by China Trademark Office (CTO) or dissatisfied the decision of the cancellation, the interested party may, within 15 days from receipt of the Notification of Refusal or the Decision on Cancellation of Trademark issued by the CTO, appeal to the Trademark Review and Adjudication Board (TRAB), established under the administrative authority for industry and commerce under the State Council, responsible for handling matters relating to trademark disputes.
Filing Requirements:
- ★ Power of Attorney;
- ★ Documents needed upon discussion.
Trademark invalidation
Filed after a mark has been granted registration, on the grounds that the mark is similar to either another registered mark for the same or similar merchandise, or to a mark that is well known in China.
Filing Requirements:
- ★ Power of Attorney;
- ★ Documents needed upon discussion.
Trademark Renewal
Renewal applications shall be made within twelve months before the expiration date or, subject to payment of an additional fee, within six months after the expiration date. Each renewal application shall include an application for renewal of trademark registration, a Power of Attorney and a copy of the certificate of the applicant’s identity which may be the ID card or passport of individual applicant or the certificate of good standing or extract of commercial register of the company.
Filing Requirements:
- ★ Power of Attorney;
- ★ Documents needed upon discussion.
Invention Patent Application
One Article
- ★ Time required: About 2 years.
- ★ Protection period: can be renewed annually to maximum 20 years.
- ★ The above price included all official fee, the fees for drafting patent application document and handling charges.
Filing Requirements:
- ★ Power of Attorney;
- ★ Instruction letter, indicating the title of invention, applicant's name and address, inventor's name and address, the priority date and initial filing number and the country where the initial application was filed (if the priority is claimed);
- ★ Description, claims and abstract;
- ★ Drawings (if necessary for describing the invention) and a designated figure attached to abstract;
- ★ A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in China. If the said assignment form is a copy one, it should be notarized;
- ★ Certified Priority Document which shall be submitted to the Patent Office within three months from the Chinese filing date.
Utility Model Patent Application
- ★ *If the certificate is not being issued, we will refund all the fees incurred
One Article
- ★ Time required: About 6 years.
- ★ Protection period: can be renewed annually to maximum 10 years.
- ★ The above price included all official fee, the fees for drafting patent application document and handling charges.
Filing Requirements:
- ★ Power of Attorney;
- ★ Instruction letter, indicating the title of invention, applicant's name and address, inventor's name and address, the priority date and initial filing number and the country where the initial application was filed (if the priority is claimed);
- ★ Description, claims and abstract;
- ★ Drawings (if necessary for describing the invention) and a designated figure attached to abstract;
- ★ A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in China. If the said assignment form is a copy one, it should be notarized;
- ★ Certified Priority Document which shall be submitted to the Patent Office within three months from the Chinese filing date.
Design Application
One Article
- ★ Time required: About 6 years.
- ★ Protection period: can be renewed annually to maximum 10 years.
- ★ The above price included all official and professional fee.
Filing Requirements:
- ★ Power of Attorney;
- ★ Instruction letter, indicating the title of invention, applicant's name and address, inventor's name and address, the priority date and initial filing number and the country where the initial application was filed (if the priority is claimed);
- ★ Description, claims and abstract;
- ★ Drawings (if necessary for describing the invention) and a designated figure attached to abstract;
- ★ A duly executed assignment, if the applicant as indicated in the certified priority document is not the same as the one who files in China. If the said assignment form is a copy one, it should be notarized;
- ★ Certified Priority Document which shall be submitted to the Patent Office within three months from the Chinese filing date.
Copyright Registration
One Article
- ★ Time required: About 2 months.
- ★ The article can be a book, software, or any art works. The application fee may vary, which depends on the quantity of the article applied for.
Filing Requirements:
- ★ Power of Attorney;
- ★ Identity certificate of applicant; notarization needed;
- ★ Introduction of the work;
- ★ A pledge letter of right;
- ★ Sample of the work;
- ★ Documents showing the copyright, e.g. copyright agreement.