China Trademark Registration Guide
Brief
After more than a quarter century of reform, China’s economy has become the second largest in the world. Its market-oriented economy has a rapidly growing private sector and its industries are marked by increasing technological advancements and productivity.
China’s IP laws have developed rapidly and significantly, encompassing a full array of areas expected in modern Intellectual Property regimes. While there is no common law protection for unregistered trade marks, foreign trade marks not registered in China can receive protection if they qualify as well-known trademarks within China.
Overview of our services in China:
Trademark Registration and Prosecution
Opposition and cancellation actions
IP Authority
Main Trade Mark Legislation
Trademark Law of the People's Republic of China, 2001
Regulations for the Implementation of TM Law, 2002
Measures for Registration of Collective Marks, 2003
Regulations on the Protection of Olympic Symbols, 2002
Rules for Trademark Review and Adjudication, 2002
Provisions on Protection of Well-know Marks, 2003
Implementation of International Registration, 2003
Treaties
Madrid Agreement
Madrid Protocol
Nice Agreement
Paris Convention
TRIPS Agreement
Multi-Class Application
Not available. A separate application is required for each class.
Series Mark Application
Not available
Approx. Time Frame of a Straightforward Application
At least 30 months.
Opposition Period
3 months from the publication date.
Filing Requirements
Applicant’s name
Applicant’s address
Country of incorporation
Specimen of mark
Specification of goods / services
Power of Attorney
Registrable unconventional trademarks
3-Dimensional mark
Colour mark
Term of Registration
10 years from the date of registration.
Non-Use Period for Cancellation
3 years
Renewal Term
10 years from the renewal date of the registration.
Border Enforcement by Customs Official
Available
Notice:
All information provided by LJ Vernus in this document is provided as a source of general information. While efforts have been made to ensure the accuracy of the information in this document, it should not be treated as the basis for formulating formal decisions without professional advice.
