IP SERVICE IN CHINA
Short Description:
1. Conducting research about whether your marks are good for registration & potential risks
2. Preparing and drafting documents for registration
3. Filing registration at Chinese Trademark Office
4. Receiving notice, government’s actions, etc. from Trademark Office and reporting to clients
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Part one: registration
1. Conducting research about whether your marks are good for registration & potential risks
2. Preparing and drafting documents for registration
3. Filing registration at Chinese Trademark Office
4. Receiving notice, government’s actions, etc. from Trademark Office and reporting to clients
5. Filing objections at Trademark Office
6. Replying to government actions
7. Filing trademark renew application
9. Recording trademark assignment at Trademark Office
10. Filing address changes application
Part two: infringement
1. Conducting investigation & collect evident
2. Filing the case at local court, presenting at trial, making oral arguments
Part three: General questions about registering a trademark in China
a. Word
b. Device
c. Letter
d. Number
e. Three-dimensional sign
f. Color combination
g. Sound
h. Combined of the above signs
a. Signs that conflict with existing rights of others under Article 9.
b. The signs under Article 10, such as the signs are identical with or similar to the State name, national flog, national emblem, and so on.
c. Signs under Article 11, such as generic names, devices, and so on.
d. Article 12, three-dimensional sign merely indicates the shape inherent in the nature of the goods concerned or if the three-dimensional sign is only dictated by the need to achieve technical effects or the need to give the goods substantive value.
There is no legal requirement to do research before filing the application. However, we strongly recommend conducting research because research will help you to know how big the risk to submit an application.
If the application files electronically, applicants will receive the Acceptance documents from CTO in less than one month.
Generally, CTO will finish the preliminary examination in 9 months.
3 months. During the publication period, any third party who feels his right or interest being harmed, such as the publication TM is same or similar to his trademark, may file objection at the CTO. After receiving the objection materials from third party, CTO will send the documents to the applicant, and applicant has 30 days to answer the objection.
Generally, when the publication period is expired, CTO will register the application. You may receive the certificate in one to one and half month. Since 2022, if no special requirements, CTO will issue electronical certificate to the applicant, no paper certificate.
First, filing cancellation application at CTO if you want to cancel other’s registration because there is a legal foundation.
Second, filing revocation application at CTO if you found other’s trademark did not use it in a consecutive 3 years.
Yes. China TM law remanded in 2019, which requires the applicant to have good faith to use the trademark in commerce. But it still allows defensive trademark registration at present. In other words, if you want register a few more trademarks for future use, the law allows such kinds of registration.
