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GUIDE TO FILING OF CHINESE TRADEMARK APPLICATION ; RENEWAL ; DISPUTEAPPEAL ; CHANGE OF REGISTRANT NAME ; ASSIGNMENT ; OPPOSITION ; LICENSE ; INFRINGEMENTTHE NICE CLASSIFICATION OF GOODS / SERVICES

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Chinese Trademark Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, and encouraging producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protect the interests of consumers, producers and traders and promote the development of the socialist market economy.

The term "trademark" used in the trademark law refers to marks used on goods and for services. A trademark registration is valid for ten years starting from the date of registration and can be renewed indefinitely, each time for ten years.

Renewal applications shall be made within six 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 and a Power of Attorney.

GUIDE TO THE REQUIRED DOCUMENTS FOR FILING TRADEMARK APPLICATION

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Power of Attorney, a power of attorney with the original signature or seal of the applicant is required for each application;

Specimen of the Trade Mark. If colour of the trademark is claimed, the specimen in colour and in black and white should be provided;

International Classification and Specification of goods/services (Please note that China Trade Mark Office adopts International Classification of Goods & Services; The goods and/or services should be listed on item-by-item basis since class heading and general description of goods and/or services is not acceptable);

 Where the applicant already has a Chinese translation of its name/address, such must be provided. If it does not have a Chinese name/address, this firm shall make a translation or transliteration for it.

Certified priority document, if convention priority is claimed at the time of the filling, the certified priority document shall be submitted within three months from the date of filing in China.

GUIDE TO OTHER PROSECUTIONS OF A TRADEMARK APPLICATION & REGISTRATION

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Filing for Application for Renewal

An Executed  Power of Attorney;

A Copy of the Registration Certificate.The renewal application may be filed 6 (six) months before or within 6 (six) months after the expiration date of the registration.

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Filing for Application for Trademark Dispute

An Executed  Power of Attorney;

An Application for Adjudication on Dispute of a Registered Trademark.

Filing for Application for Trademark Appeal

An Executed  Power of Attorney;

An Application for Trademark Appeal. Appeal may be made to the Trademark Review and Adjudication Board if the Refusal, Decision on opposition or Cancellation made by the China Trademark Office is dissatisfied. The appeal should be made within 15 days from the date of receipt of the notification on the refusal or decision. No extension is available, but supplementary grounds/evidence may be submitted within three (3) months.

Filing for Application for Change of Registrant Name

An Executed  Power of Attorney;

A Certified Copy of the Certificate Issued by the Relevant Competent Registry. When applying for change of name or address, the registrant shall do the same modification in respect of all his registered trademarks.

Filing for Application for Trademark Assignment

An Executed  Power of Attorney Signed by the Assignee;

An Application Form Signed by Both the Assignor and the Assignee;

One Copy of the Trademark Registration Certificate (if applicable).

Filing for Application for Trademark Opposition

An Executed  Power of Attorney;

Grounds of Opposition.The required documents should be lodged within the three-month opposition period. An application for trademark opposition should be filed within three (3) months from the date of publication of a preliminarily approved trademark. (For example, if a trademark is published on 10 June, 2002, an application for opposition, if any, should be filed before  09 September, 2002.) No extension of time can be obtained for filing an opposition.

Filing for Application for Recordal of Trademark License Contract

An Executed  Power of Attorney Signed by the Licensor;

One Application for Recordal of License Contract Signed by the Licensor;

One Original Copy of the Trademark License Contract;

 One Photocopy of the Registration Certificate of the Trademark to be Licensed.

Filing for Application for Trademark Infringement

An Executed  Power of Attorney;

One Copy of the Certificate of Chinese Trademark Registration;

Samples of the Genuine and the Fake Goods/Products, including their packaging, photographs, other related information and evidence;

Written Description on the Comparison of the Genuine and the Fake goods;

Accurate Name and Address of the Infringer and Related Information.

GUIDE TO THE NICE CLASSIFICATION OF GOODS / SERVICES

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The Nice Classification consists of a classification of goods and services for the purposes of registering trademarks and service marks. The Nice Classification is based on a multilateral treaty administered by WIPO. This treaty is called the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, which was concluded in 1957. This Classification is commonly referred to as the Nice Classification. The Nice Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

   

 

   

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FAQs TRADEMARKs

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