TRADEMARK REGISTRATION IN CHINA
The registration of trademarks is governed by the PRC Trademark Law. According to the relevant law and regulations, any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colours, and their combination may be filed for the trademark registration. Registered trademarks are valid for a period of ten years and are renewable. Designated goods/services for a trademark application must be clear. One application can only cover one class of goods/services. The major steps for trademark registration in China are:
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Identify a Chinese Sponsor (an agent licensed by the Chinese government) to handle the submission of the trademark registration documents. Perform name search on the trademark to be registered Preparation and submission of the formal trademark registration application package to the trademark office of the State Administration of Industry and Commerce (“SAIC”) for formality check and substantive examination. In general, the following documents are required: o o o o Application form Power of Attorney authorizing the Chinese sponsor to handle the trademark registration Print copies of the trademark Business license or identification documents of the applicant
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Public announcement of the registration of the trademark Issuance of the trademark registration certificate
The following diagram shows the general application process for trademark registration in China.
Identify a Chinese Sponsor
Perform Name Search (5 working days) Formal Application (8 to 10 months) Public Announcement (3 months) Issuance of Certificate (1 to 2 months)
Please note that there may be dispute encountered in any of the above-mentioned procedures before the certificate is issued. If a dispute is encountered, a defence is required accordingly, and the time required would be changed. For further information, please contact Matthias Belz (852-2822-0135) / matthias.belz@intergesthk.com.hk
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