Trade Mark Registration in China

1. What must the application include?

· Name of the applicant (name and address for correspondence; listing goods and / or service)

· Depiction of the Mark ---- 10 clear drawings (if the mark is in color, you should attach 1 draft without color)

· If the applicant is a firm in PRC mainland, should offer the copy of business license (the corporate person in mainland must offer the copy of the ID card)

· One letter of attorney signed by the applicant is for agent to act for the trademark

· If you request to use the priority, you must offer the testimonial of priority (you can make up deficiency in 3 months after submitting application)

2. How long does it need?

Generally, the registration takes about 15 months if everything goes smoothly and no opposition to the mark. But if some situations come out like correct the application, any third party objects or the Trademark Registry does not approve the application, you have to raise counter objections and persuade the Registry to withdraw their objections. That is, the application in such situation will take longer time.

3. Will the registration of trademark expired? Can it be renewed?

The initial trademark registration is effective for 10 years. It can be renewed for 10 years each time. (Remark: renew it 6 months before expired date.)

Trade Mark registration overseas

1. Apply directly in certain country

As the trademark system is not the same in every country, it is difficult to estimate fees accurately. For one thing, some countries use “principle of first to use”; some use “ principle of first application”; for another thing, the registration time is dissimilar; some take 1 year and some take 5 - 6 years. So if you plan to launch international trade, you should make your trademark registered in your business-cooperating exporting country in advance. Otherwise, your rights cannot be protected. In addition, not only the time of trademark’s validity isn’t the same but also the requirement in practical is different in every country. As the trademark registration’s specific characteristics in other countries, we cannot make list in details, just feel free to contact us to get more information.

2. Madrid international registry

According to “Madrid Agreement Concerning the International Registration of Marks” (hereafter called “Agreement”) and “Protocol Relating to Madrid Agreement”(hereafter called “Protocol”), Chinese firms can apply international registration through the Trade Mark Office. Basing on the demand yourself, you can apply for being protected in one, more or all member countries. However, before you do this, you should obtain the primary examination or have already been accept registration application by the Registry Examiner in China.

Condition:
The application has been accept, and tallied to the terms following:
· Actual place(s) for operation in China
· Dwelling place(s) in China
· Chinese nationality

It does need just one language such as English or French, pay one time, use one kind of currency (Franc), and fill in one blank to apply the international registration. it does save money but also the times, if you use the international registration of marks. Once the Trade Mark Office receives your application form, attachments and fees, they will send the materials above-mentioned to World Intellectual Property Organization (WIPO) in Geneva Switzerland to process it.

After WIPO goes through the application, the mark will be registered. And WIPO will issue certificate of trademark’s international registration, and notify the assigned protection period (it is one year for the member of the Agreement, and eighteen months for the member of Protocol) for examination. If no opposition of the protection requirement during the assigned period by the Trade mark office in the country you apply for, that means the trade mark’s international registration can enjoy the rights as the trade mark registration in this country itself.

Patent Registration Guide

What kind of information or document(s) is necessary when you apply for the patent right of invention / practical of new pattern?

1. Patent of invention application documents:
· Instruction manual
· Patent claim
· Drawing
· Summery

2. As the instrument letter, the applicant should supply the information as following:
· Title of the invention
· Name and address of the applicant
· Inventor name and address

If you request to use the right of priority, you must offer the date, code number of priority and the title of first applied country

3. One letter of attorney

4. Apply to use the priority: you must offer the testimonial of priority right

5. Apply to use the priority: when you make modification or add the applicant in the application in China, you need to show the document of transferring priority (original document or a notarized copy).

What must the application of industrial design include?

1. The picture in duplicate:
· The invention concerning six facets should submit regular projection drawings, which are front view, back view, vertical view, upward view, left view and right view
· The invention concerning one or several facets should submit standard projection drawing(s) and a three-dimensional picture
· The invention concerning only one facet: should submit the stander projection drawing

2. Other document is the same as the point 2 ~ 5 in “what kind of information or document(s) is necessary when you apply for the patent right of invention / practical of new pattern?”

How long is the term of validity?

According to Article 42 of the Patent Law in China, the period of validity of the invention’s patent right is twenty years, however, the patent right of practical of new pattern and industrial design is ten years. It becomes effective since the date of application.