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appointed by the Trademark Office of the State Administration for
Industry and Commerce of China, provides comprehensive trademark
services. We represent domestic and foreign clients in trademark
registration in China and abroad. Here is a brief description of our
procedures and working methods, may they help you getting a clear
understanding of trademark implications in China.
CN-KnowHow is pleased to serve all needs in trademark related matters.
applying for registration, our agency recommend the applicant to
conduct a prior similarity search. Based on the results it will be
suggested, or not, to proceed with the actual trademark registration.
Although the search results have no legal effects they play an important
role in the clients’ decisions to proceed.
Trademark Application Procedure
According to the Trademark Law of the People’s Republic of China, all foreigners and foreign enterprises must appoint a Chinese trademark agency to represent them in all matters related to trademark registration. In addition, foreign applicants shall provide the following materials:
1. For identification purposes, a foreign enterprise has to provide a copy of its certificate of incorporation; a foreign individual has to provide a copy of his or her identification card or passport.
2. The trademark design in black and white, clearly drawn in a space, with a width and length of no more than 10 centimeters each, and a minimum of 5 centimeters respectively. If colors are claimed then fifteen colored copies along with one copy in black and white are needed.
3. A Power of Attorney form which shall be signed or sealed by the company’s President or by any authorized personnel.
4. The applicant’s full name and address in both, English and Chinese.
5. The applicant shall use the corresponding Chinese-translated names of goods and services as listed in the “International Classification of Goods and Services for the Purpose of Registration of Marks” (Ninth Edition of the Nice Agreement) when completing application.
receiving the complete set of information, our office will
file the trademark registration. The application date will be the day
that all materials have been received by the China Trademark Office.
According to the China Trademark Law, It normally takes 24-30 months from the filing date to pass the preliminary examination of the trademark application before publication of the said application.
party can form opposition to the published trademark within 3 months
from the publication date. In the absence of any justifiable
opposition, the Trademark Office approves the registration, issues a
trademark registration certificate, and publishes the final examination
Based on our experience, several problems may occur during the process of application, examination, and preliminary publication and opposition proceedings. Therefore, our agency strongly suggests that only after a trademark is legally registered, should mass production and/or distribution of the protected goods occur. Given the low cost of trademark registration our agency further recommends that all foreign enterprises and individuals should consider registering their trademarks prior to initiatany advertising or other marketing activities in China. By doing so unnecessary and time-consuming disputes can be avoided.