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How to File a Chinese Trademark Registration
 ¢ General Information
 ¢ Requirements for Filing a Chinese Trademark Application
 ¢ Trademark registration procedure in China

How to File a Chinese Patent Application
Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administration Department Under the State Council to act as his or its agent.
 ¢ General Information
 ¢ Requirements for Filing a Chinese Patent Application
 ¢ Requirements for Filing National Phase Entry in China of A PCT Application



How to File a Chinese Trademark Registration


 General Information
 1) Types of trademark: trademarks for goods and service, collective trademarks, and certification trademarks.
 2) Examination procedures: formality check, substantive examination, being preliminarily approved and
   published, opposition and being approved for registration.
 3) Trademark terms: ten (10) years from the registering date.



 Requirements for Filing a Chinese Trademark Application

 1. Instruction Letter, indicating:
  (1) Type of trademark application
  (2) Name(s), address(es), and nationality(ies) of applicant(s)
  (3) Specification and classification of goods
  (4) Trademark specimen
  (5) Priority application date, number and country if claiming foreign priority
    If a foreign applicant has its/his/her Chinese name and/or address, the Chinese characters are requisite
  to avoid any possible different versions.
    Moreover, in order to avoid the office action, the specification of goods should use standard goods
  names as listed in Nice Classification (the 8th edition).

 2. Power of Attorney
   Please make use of our Power of Attorney form. Please be noticed that the executed POA should be
   submitted to the Chinese Trademark Office (CTO) at the date of filing the applications. Otherwise, the
   TO will not accept the applications.

 3. Application Documents, to contain
  (1) Filing form, with all the filing information
  (2) Power of Attorney, executed by the applicant(s)
  (3) Trademark specimen, 10 pieces are needed. If claiming colors, ten (10) colored set of specimens and
    one (1) in white and black are requisite
  (4) Priority document, i.e., a certified copy of the priority application, if a foreign priority is claimed,

 4. Priority Document and Assignment
 (1) Priority Document: If a foreign priority is claimed, information on priority application date, number and
 country shall be provided before filing the trademark application.
   The priority document, i.e., a certified copy of the priority application shall be submitted to the Chinese
 Trademark Office within three (3) months from the Chinese filing date. Please be advised that the specimen
 of the Chinese application should be consistent with that in the priority application.

 (2) Assignment: If the applicant of the priority application is different from the applicant of the Chinese
 application, an assignment shall be submitted.
  A certified copy of a foreign assignment of the priority application is acceptable for this purpose.
  The applicant may also use our assignment form, which shall be executed by the applicant of the priority application.

 Both priority document and assignment shall be filed within three (3) months from the date of filing. Otherwise, the convection priority will be deemed not to Have Requested.


 Trademark registration procedure in China
 1. After completion of filing procedure, the official notification of the receipt of the Application is issued within three (3) months.
  This official notification of the receipt of the Application will be forwarded to you by courier mail or registered mail within one (1) month.
 2. Then the trademark undergoes substantial examination for about 12-18 months according to your filing goods or service.
 3. After the examination of a trademark application in which no adequate grounds for rejection are found, the application is "published" on the gazette or website of China Trademark Office for the purposes of public inspection to duly allow the opportunity for opposition to the registration of the trademark.
  Within three (3) months, if no successful opposition is lodged, the Certificate of registration will be issued.
  This Certificate of registration will be forwarded to you by courier mail or registered mail within one (1) month.



How to File a Chinese Patent Application

General Information
 1. Types of patent: invention patent, utility model patent, and design patent.
 2. Examination procedures:
 (1) Invention: acceptance, preliminary examination, publication, substantive examination and grant.
  (2) Utility model and design: acceptance, preliminary examination and grant. No earlier publication or substantive examination.
 3. Substantive Examination: According to the Chinese Patent Law, for patent application for invention, the request for substantive examination shall be filed within three (3) years from the filing/priority date
 4. Patent terms
  (1) Invention: twenty (20) years from the filing date.
  (2) Utility model or design: ten (10) years from the filing date.


Requirements for Filing a Chinese Patent Application

 1.Instruction Letter, indicating:
  (1) Title of invention/utility model/design
  (2) Type of patent application
  (3) Name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)
  (4) Priority application date, number and country if claiming foreign priority,
  (5) Requesting simultaneously for substantive examination or not
  (6) The date by which the application must be filed, etc.
     If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.

 2. Power of Attorney:
  Please make use of our Power of Attorney form, the original one to be signed and dated by the applicant, which may be submitted when filing the application documents or within 3 months from the filing date.
  
 3. Application Documents, to contain:
  (1) Invention or utility model: a description, claims, drawings (if any) and an abstract.
  (2) Design: three (3) sets of drawings/photos of the product incorporated with the design. Such drawings/photos shall be sized from 3cm x 8cm to 15cm x 22cm and with no shade lines and/or dotted lines.
     If seeking protection for the shape of a product, drawings/photos of six elevation views and one perspective (if any) view are required.
     If seeking protection for pattern, unfolded and perspective drawings are required.
     If claiming colors, three (3) colored set of the drawings/photos are requisite.
     If there are special comments, a brief specification is required.

4. Priority Document and Assignment:
  (1) Priority Document: If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application.
     The priority document, i.e., a certified copy of the priority application shall be submitted to the China Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s) within three (3) months from the filing date.
  (2) Assignment: If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted.
    A certified copy of a foreign assignment of the priority application is acceptable for this purpose.
    The applicant may also use our assignment form, which shall be executed by the applicant of the priority application.
  Both priority document and assignment shall be filed within three (3) months from the date of filing. Otherwise, the China Patent Office will issue a Notification on Deeming Not to Have Requested Convention Priority. The applicant may request for restoration of the priority by submitting the priority document and/or assignment within two (2) months from the date of receiving said Notification with a payment of restoration fee RMB 1000.


Requirements for Filing National Phase Entry in China of A PCT Application

 1.Instruction Letter, indicating:
  (1) PCT Application Number
  (2) Any Amendments under PCT Article 19 or Article 34 or not
  (3) Any initial Amendments under PCT Article 28 or Article 41 or not
  (4) Examination basis
  (5) Requesting simultaneously for substantive examination or not
  (6) The date by which the application must be filed, etc.
    If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions. If the applicant has difficulty in meeting the 30-month deadline to enter the National Phase, 2-month extension may be applicable based on payment of Extension fees USD 125.00.

  2. Power of Attorney
    Please make use of our Power of Attorney form, the original one to be signed and dated by the applicant, which may be submitted when filing the application documents or within 3 months from the filing date.

  3. Application Documents, to contain: Publication version of PCT Application (or its English translation) and any Amendments, preferably in word format, and IPER Annexes (if any).

 

 
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