China trademark registration

China trademark registration, also called China trademark application, brand registration. Any foreigner or foreign enterprise intending to apply for trademark registration in China should file an application in accordance with relevant agreements concluded between the country (or region) to which the applicant belongs and China, or according to relevant international treaties to which both countries (or region) are parties, or on the basis of the principle of reciprocity.




Points to Note in Application for China Trademark Registration
In applying for trademark registration, the class and description of the goods should be put in the application form according to the prescribed classification system. Currently, China adopts the International Classification System, which classifies goods and services into 34 categories and 11 categories respectively.Where an applicant intends to register the same trademark for goods in different classes, a separate application for registration should be filed in respect of each class of the prescribed classification of goods.


Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration should be filed.Where any design of a registered trademark is to be altered, a new registration should be applied for.Where, after the registration of a trademark, the name, address or other matters concerning the registrant change, an application regarding the change should be filed.
 


Procedures for China Trademark Registration and Documents Required
In applying for trademark registration, the following documents should be submitted to the relevant authorities: Application for Trademark Registration, power of attorney, five copies of the reproductions of the trademark (if colour is claimed, five copies of the colour reproductions of the trademark), one copy of the black and white design thereof, and identification documents. The reproductions of the trademark must be clear and easy to be pasted up and should be printed on smooth and clear durable paper or substituted by photographs, the length and width of which should be less than 10 cm but more than 5 cm each.


When a foreigner or foreign enterprise applies for trademark registration, the Chinese language should be used (any document in a foreign language should be accompanied by a Chinese translation).Nationals of the States Parties to the Paris Convention, who after filing an application for registration of a trademark in any other State Party, file another application for registration of the same trademark for the same product in China, may claim priority within six months after the first filing and submit priority documents. The date of the first application for registration of the trademark filed in another State Party to the Paris Convention shall be regarded as the application date in China.


 
Right of Priority in China Trademark Registration Application
Where an applicant, within six months from the date of his first-time application for registration of a trademark in a foreign country, applies for registration of the same trademark for goods in the same class in China, s/he may enjoy the right of priority in accordance with any relevant agreement entered into between that country and China or any relevant international treaties to which both countries are parties, or on the basis of the principle of reciprocity.
 


Application for Change of Details of Registered Trademark
To change the name, address or other registered particulars of a trademark registrant, an application for change should be filed with the Trademark Office. Upon granting approval, the Trademark Office will issue a certificate to the registrant and announce the change; for rejected cases, the Trademark Office will notify the applicant in writing, stating the grounds for rejection.To change the name of a trademark registrant, a document in support of the change issued by the registration organisation should be submitted. Where the name or address of a trademark registrant is to be changed, the trademark registrant should make the same modification in respect of all his registered trademarks.
 


Application for Assignment of Registered Trademark and Transfer of Exclusive Right to Use a Trademark
Where a registered trademark is to be assigned, both the assignor and assignee should submit an Application for Assignment of Registered Trademark to the Trademark Office, while the application procedures are to be completed by the assignee. Upon approval granted by the Trademark Office, a certificate to that effect will be issued to the assignee and the assignment will be announced.When assigning a registered trademark, the trademark registrant should assign simultaneously the same or similar trademarks registered by him for the same or similar goods.
 


Validity Period and Renewal of Registered Trademark
The period of validity of a registered trademark is 10 years, counted from the date of approval of the registration. For renewal, the period of validity of each renewal is 10 years, counted from the day immediately following the expiration of the preceding validity period.Where the registrant intends to continue to use the registered trademark beyond the expiration of the validity period, an application for renewal should be made within six months before the said expiration. If no application is filed within this period, a grace period of six months may be granted. If no application is filed at the expiration of the grace period, the registered trademark will be cancelled.
 


Authorized Use of Registered Trademark
A trademark registrant may, by signing a trademark licensing contract, authorise other persons to use his registered trademark within a certain time period and a certain geographic area. The licensor should file a copy of the trademark licensing contract with the Trademark Office for the record within three months from the signing of the contract. Parties authorised to use the registered trademark of others must show the name of the licensee and the place of production of the goods on the goods using the licensed trademark and must guarantee the quality of the goods in respect of which the registered trademark is used.
 


Re-issuance of Certificate of Trademark Registration
Where a Certificate of Trademark Registration is lost or damaged, it is necessary to apply for re-issuance of the certificate and the registrant should submit an Application for Re-issuance of Certificate of Trademark Registration and five copies of the reproductions of the registered trademark to the Trademark Office. Where the Certificate of Trademark Registration is lost, a declaration should be published in the Trademark Gazette. Where the certificate is damaged, it should be returned to the Trademark Office.
 


Protection of Well-known Trademark
The Trademark Office under SAIC is responsible for endorsing and managing well-known trademarks.A trademark registrant seeking protection for his well-known trademark should file an application with the Trademark Office. Upon endorsement, the Trademark Office will notify the applicant and publish the relevant information. For trademarks endorsed by the Trademark Office as well-known, no application for renewal of endorsement is necessary within three years after endorsement.


If any person uses a trademark that is identical with or similar to the well-known trademark of another person on goods of a different class, insinuating that the goods are in some way associated with the registrant of the well-known trademark thereby causing possible damage to the registrant, the registrant of the well-known trademark may make a request, within two years from the date on which s/he obtains or should have obtained knowledge of such acts, to SAIC to stop such acts.