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China Trademarks

China is a member of the Madrid Agreement and the Madrid Protocol. Legal basis is the Trademark Act, in force since August 23rd, 1982, last amended December 1st, 2001. Trademark protection is obtained by registration. However, the existing trademark law protects unregistered trademarks if the mark has been used and enjoys a certain reputation or the mark is recognized as a well-known mark in China. China follows the first-to-file system.

Trademark: Requirements

A trademark application has to be filed before the Trademark Office by a local agent. A signed power of attorney is necessary. Foreign applicants do not need a domestic company registration. Foreign applicants can only file through an officially recognized agent. A copy of the business certificate (if the applicant is a company) or a copy of the applicant’s ID card or passport (if the applicant is an individual) is required. NOTE: 1 class covers 10 class items. For each additional class item beyond the 10th item for each class there is an extra fee. Based on the exact amount of class items, we will confirm the cost.

Trademark: Procedure

The application process includes a formal examination and an examination of distinctiveness and also search for prior trade mark applications and registrations. It takes approximately 18 months before an office action is issued by the trademark authority or registration. After the examination process, the trademark is published in the Trademark Gazette. The opposition period is 3 months from publication of the trademark application. Then the trade mark is accepted for registration.

Trademark: Duration

A trademark registration in China is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Trademark: Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Trademark dispute plea

The disputed trademark should be a registered trademark, and it has been registered less than five years (except malicious registered trademark). If this disputes has been ruled, except new facts or evidence, the authority will not object the application for disputes. The procedures will be:

Application of trademark disputes will be submitted in accordance with the trademark law and related regulations with two copies with reason and evidences. The authority will forward one copy to the controversial party. The controversial party is required to reply within deadline. If necessary the authority may require the two parties argue publicly.

The authority will rule this case based the facts and evidences.

Extra

Duly note, if the trademark has not been used within 3 years from registration or has not been used later for 3 consecutive years, it may be subject to cancellation.

 

Class 1: 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 2: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 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4:Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5:Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6: 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.

Class7: 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; automatic vending machines.

Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9: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; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; 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 and parasols; 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-ofpearl, meerschaum and substitutes for all these materials, or of plastics

Class 21: Household or kitchen utensils and containers; 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 covers; 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, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.

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

Class 31:  Grains and agricultural, horticultural and forestry products 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 beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

Class 33: Alcoholic beverages (except beers)

Class 34: Tobacco; smokers’ articles; matches.

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

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

Class37:  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.

Class 43: Services for providing food and drink; temporary accomodation.

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

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

1. Formality Examination

Upon formality examination, for application with complete documents and the documents are prepared in correct ways, the Trademark Office issues the Official Filing Receipt; otherwise, the Trademark Office issues the Not-accepting Notice.

Where corrections are needed for the documents filed, the Trademark Office issues Notice of Correction, requesting the applicant to make the corrections within 15 days. Application will be deemed withdrawn if no response is made within said 15 days.

2.Substantive Examination

A trademark registration application enters the substantive examination procedure after passing through the formality examination. Upon substantive examination, the Trademark Office will initially approve the application if it meets the requirements of the Trademark Law, and publish the application at the Trademark Gazette.

The Trademark Office will reject the application if it does not meet the requirements, or partially reject the application if the application does not meet the requirements on partial goods.

Anyone can file opposition request at the Chinese Trademark Office against the published trademark application within 3 months from the date of publication.

Where there is no opposition filed in said three months, or opposition filed is not accepted after examination, the Chinese Trademark Office will register the trademark, issue the trademark registration certificate and publish the registration at the Trademark Gazette; where the opposition is accepted after examination, the application is rejected.

3.Review Request

If an applicant is not satisfied with the rejection of the Trademark Office, the applicant can, within 15 days upon receipt of the rejection notice, file a review request at the Trademark Review and Adjudication Board (TRAB). TRAB will review the application, make a decision and notify the applicant in written.

4.Filing a lawsuit

Where an applicant is not satisfied with the decision of TRAB, the applicant can, within 30 days upon receipt of the decision, file a lawsuit at the People’s Court against the decision.

Documents to be prepared:

1. Name and address of the applicant in both English and Chinese. If the applicant has registered a mark in China, the Chinese name and address of the applicant should be provided for the sake of consistency;

2. Copy of personal identification card; copy of business license for company or legal entity qualification certificate of association or other type organization;
3. 10 trademark prints in black and white (if color is claimed, 10 color prints should be provided); The length and breadth of the trademark print should be less than 10 cm but more than 5 cm each , you can give us electronic format;
4. Name and class of the goods to be registered;

5. A Power of Attorney, simply signed by the applicant; No notarization or legalization is required;

Special supporting materials:

a.where the trademark is a portrait: notarized letter of consent from the person of the portrait is required;

b.where it is a collective trademark: business license of the applicant; The Administrative Regulations on Use of Collective Mark and name and address of the collective organization (if other than those of the applicant) are required;

c.where it is a certification trademark: business license of the applicant; The Administrative Regulations on Use of Certification Mark and Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said goods/services are required.

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