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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

 

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

Trademark Search and Watch

Opposition and cancellation actions

Trademark Renewal

 

IP Authority

China Trademark Office (CTMO)

 

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.

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