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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