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IP PROCEDURE

Patent Systems  │  Trademark Systems

Home > IP PROCEDURE > Trademark Systems

Trademark Systems

China

Trademark

 

I. GENERAL

A. Right Afforded by registration
First to file principle.
Registration is mandatory to establish rights. 
B. Time Frame for Obtaining Registration
About 8 to 12 months for a regular prosecution without opposition.
C. Requesting 
Neither actual use nor intent to use is required for application;
No Legalization, No Notarization. 
 
II. PRE-FILING
A. Registrable Trademarks
A trademark shall refer to any sign with distinctiveness
Words;
Designs;
Symbols;
Colors;
Three-dimensional shapes;
Sounds.
In addition to regular trademark registrations, the following types of trademarks are registrable:
Collective marks;
Certification marks;
Service marks.
B. Searching
Pre-filing search is not mandatory but it is recommended.
 
III. FILING 
A. Requirements
Name of the applicant;
Address of the applicant;
Country of applicant;
Description of trademark;
Representation trademark;
List of goods/services;
Power of attorney.
B. Priority
An application filed in any of the WTO member countries within the latest six months (The corresponding application should be the one first filed for the mark around the world).
C. Classification
Nice Classification System
One application can cover multiple classes of goods or service
 
IV. RENEWAL
10 years from the publication date of registration. 
The duration of each renewal is 10 years.
A request for renewal should be made within 12 months before the date of expiry of the period of the trademark right.
The number of times of renewals is not limited.
 
V. OPPOSITION
Within 2 months from the publication date. 
 
VI. INVALIDATION
An invalidation petition shall be filed within 5 years from the date of registration, unless the invalidation was filed by the owner of a well-known trademark against the registration filed in bad faith. 
 
VII. REVOCATION 
The trademark registration may be revoked if the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than 3 years without proper reasons for non-use.
 
VIII. APPEAL
In disagreement with the Trademark Office’s decision, an appeal can be filed with the Trademark Review and Adjudication Board within 30 days from the receipt of the Trademark Office’s decision.
 
IX. ADMINISTRATIVE LITIGATION
In disagreement with the TRAB’s decision, an administrative suit can be instituted with the IPC within 30 days from the receipt of the TRAB’s appeal decision.
In disagreement with the IPC’s decision, an ultimate appeal can be instituted filed with the Supreme Administrative Court within 30 days from the receipt of the IPC’s decision.