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Trademark Registration

Summary for China

China Trademark Details

Requirements

Formal Requirements for Filing Trademark Applications in China

1. An instruction letter indicating the applicant’s detail, i.e. its nationality, name, address and the Chinese translation thereof.

2. The classes in which registration is sought.

3. Specific of all the goods or services sought to be covered in each registration.

4. Details of the priority application (if appropriate).

5. A certified priority document and its English translation, if it is not in English.

6. A specimen (5-10cm) of the mark, if it is in black and white. 8 color copies and two black and white copies if the mark claims color protection.

7. A signed Power of Attorney; no legalization or notarization is required.

8. A copy of the applicant’s passport if the applicant is an individual instead of a company.


Time frame for trademark registration in China

1. From filing to the issuance of official receipt: three months;

2. Preliminary examination: twelve to eighteen months;

3. Publication period: three months;

4. Time for issuance of certificate: one month.

Certificate Mark Applications

  1. Certificate qualifying the subject, notarized.
  2. The Administrative Regulations on Use of Certificate Mark stipulates:

    - The object of using the certificate mark;
    - The unique qualities and features of the goods/services using the certificate mark;
    - Conditions of using the certificate mark;
    - Procedures of using the certificate mark;
    - Rights and obligations of using the certificate mark, and liabilities when violating the Regulations.
  3. Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said good/services. 

Collective Mark Applications

  1. Certificate qualifying the subject, notarized.
  2. The Administrative Regulations on Use of Collective Mark stipulates:

    - The object of using the collective mark;
    - Members using the collective mark;
    - The qualities of the good/services;
    - Conditions of using the collective mark;
    - Procedures of using the collective mark;
    - Rights and obligations of members using the collective mark, and liabilities thereof when violating the Regulations.  

Renewal Requirements

  1. A Power of Attorney in duplicate (one original); no notarization is required if reciprocity exists.
  2. The original certificate of the Chinese registration.
  3. Ten prints of the mark of maximum size of 10 x 10 cm, and of minimum size of 5 x 5 cm.
  4. Legalized photocopy of the certificate of renewal in the home country, or, if the home registration has not yet been renewed, a legalized copy of such registration showing that the same is still in force if no reciprocity exists.
 
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