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Trademark Procedures

       

CN-KnowHow,  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. 

Searching Analysis

Before 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.

Upon  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.  

Examination Procedure

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. 

Any  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 results. 

Exclusive Rights

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.



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