1、Introduction

    In China, any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colors, and their combination, an application may be filed for registration.

    Trademark registration is basic on International Classification of Goods and Services for a total of 45 Classes, 34 classes for goods, 11 classes for services.

 

  2、Search before application

      It is best to conduct trademark search before application to avoid similar or identical prior trademark.

 

  3、Requied documents

     (1) Application form, with the company seal or the signature;

    (2) Power of attorney, with the company seal or the signature (No legalization or notarization is required);

    (3) Six trademark specimens which should be clear and clean. Length and width no longer than 10cm and no shorter than 5cm; if claim color, 5 specimens in color and 1 specimen in black and white are required;

    (4) If the trademark is portrait, a notarized statement of the owner of portrait is required;

    (5) Copy of Business certificate or the identity certificate. The company seal/cachet or the signature which affix on the power of attorney should be the same with the name indicated on the Business certificate or the identity certificate.

    (6) The priority document, if claim the priority.

 

  4、Procedure

    (1) File application and formality examination

    Official filing notice will be issued by CTMO within one month after formality examination.

    (2) Substantive examination

     Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.

    Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.

     Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed after the expiration of the time limit from the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.

    (3) Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify 'the applicant in writing.

    (4) Approved of registration, then after 1~2 months obtaining the trademark registration certificate.It costs 12-18 months from appliation to registration smoothly.