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  Registration of Chinese Trademark  

1. Trademark registration application procedures:

1.1 Trademark registration inquiry: Inquire for the Chinese and English content contained in the trademark to be registered. According to the requirements of the applicant, make inquiry to the China Trademark General Bureau if there’s a same or similar trademark already registered.
1.2 Design and make the trademark sample pattern.
1.3 Apply for the trademark registration.

2. Trademark registration procedures:

2.1 An individual applicant should submit a duplicate of his/her ID card.
2.2 A corporate applicant should submit a duplicate of its Business License (the License number should be clear).
2.3 12 copies of the sample pattern of the trademark to be registered (the length or width should be at least 5cm and not exceed 10cm).
2.3.1 Submit 11 color copies and 2 black and white ink copies, for color sample pattern.
2.3.2 Submit 12 black and white ink copies, for black and white sample pattern.
2.3.3 Fill in the Power of Attornery for Trademark Registration.

3. Schedule of trademark registration:

3.1 The Trademark Bureau issues a trademark preliminary examination statement within one year upon the application date, and sends the statement to the applicant.
3.2 The Trademark Bureau issues the formal “Trademark Registration Certificate” in three months after the trademark application registration statement is issued.
3.3 How long will the Trademark Registration Certificate be issued: about 15 months.
3.4 How long does it take for the Acceptance Letter process: the applicant is entitled to use “TM” within about 60 days after the Trademark Registration Acceptance Letter is issued by the China Trademark General Bureau.

How long is the valid term of a registered trademark?

In accordance with Trademark Law, the valid term of a registered trademark is ten years upon the verification day. The applicant may apply for 10-year extension for the valid term six months prior to the expiry and pay the extension fee. The number of applying for the extension is unlimited. If the applicant fails to apply for the extension within the said period, an extended period of six months may be granted. If the applicant still fails to apply for the extension within the extended period, the Trademark Bureau will cancel the registered trademark and issue a statement.

Provisions for trademark opposition application

As specified in the “Trademark Law” and corresponding regulations, trademark opposition means the legal procedures openly collecting public opinions for preliminarily audited trademarks. The objectives of the trademark opposition are to openly and fairly specify the rights contained in trademarks, and to improve the registration and review quality of trademarks.

Trademark opposition contains wide scope: a preliminarily audited trademark is similar or same with a trademark already applied; a preliminarily audited trademark violates the restriction provisions under the “Trademark Law” or the trademark isn’t significant; the applicant isn’t qualified.

Anybody may put forward the trademark opposition: e.g.: trademark registration person, anybody other than the trademark registration person, an enterprise or governmental organ, an individual, a legal person, or anybody other than a legal person. The trademark opposition period extends for three months after the preliminarily audited trademark is announced. The application day for the trademark opposition shall follow that specified by the Trademark Bureau. If the last day of the opposition period is holiday or weekend, the period may be extended to the first working day.

The trademark opposition person shall submit the “Trademark Opposition Letter”, specifying the applicant of the trademark opposed, type of commodities, date of publishing the preliminary auditing statement, number of the statement, and preliminary auditing number.

 
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