China

Trademark registration China - China is a member of the Madrid Agreement and the Madrid Protocol. Legal basis is the Trademark Act, in force since August 23rd, 1982, last amended December 1st, 2001. Trademark protection is obtained by registration. 

Trademark registration classification: 

Nice Classification

Requirements:

  • Name and address of Applicant.
  • Clear trademark sample in WORD, or PDF or JPG format.
  • Class and goods/service descriptions.
  • An original Power of Attorney signed by an authorized representative of the applicant.
  • Copy of update Certificate of Incorporation of applicant.
  • Priority document (if priority is to be claimed) 

Procedure:

  • A trademark application has to be filed before the Trademark Office by a local agent.
  • The application process includes a formal examination and an examination of distinctiveness and also search for prior trade mark applications and registrations.
  • It takes approximately 18 months before an office action is issued by the trademark authority or registration. 
  • After the examination process, the trademark is published in the Trademark Gazette. 
  • The opposition period is 3 months from publication of the trademark application. 
  • Then the trade mark is accepted for registration.

Duration and Renewal:The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration. If the registrant intends to continue to use of the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration.

 

 Fee Structure 
         
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