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Application for Trademark Registration in China

Update Date：2015-12-25 10:16:05 Source：BeiJing Tannet Views：1578

China Trademark Registration Procedure
The Trademark Office under the State Administration for Industry and Commerce (SAIC) is the government authority for the registration of trademarks in China. The Trademark Management Office under SAIC is the administrative arm responsible for managing all trademark-related matters, while Trademark Affairs Offices set up in various major cities are trademark agents designated by the state and under the supervision of SAIC. The Trademark Review and Adjudication Board, also under SAIC, is responsible for handling disputes related to trademarks. Provincial-level administration offices for industry and commerce handle matters concerning trademarks under their jurisdiction, such as protecting the exclusive right to use registered trademarks and investigating acts of trademark infringement.

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.

Foreign-invested enterprises(FIES) may apply for trademark registration in China either directly or through trademark agents. Foreign enterprises wishing to do the same should appoint agents designated by the state to handle trademark registration for foreign parties.

China Trademark Design
Advantages of China Trademark design by Tannet:
(1) Novelty- novelty of trademark design satisfies the distinctive feature of a trademark and enhances its reputation and market.

(2) Trademark naming avoids a straight relation with the functions of goods; the name of trademark should not be “merely descriptive”

(3) Trademark design is theme-oriented and reasonably arranged. China Trademark Service from Tannet is equipped with a team of excellent designers from home and abroad, who are ready to provide you with professional services.

China Trademark Registration Important Tips
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. A geographical indication may be the subject of an application for registration as a certification mark and a collective mark.

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