table of contents
About trademark registration in China
Trademark application procedures in China generally proceed in the following order: application, formal examination, substantive examination, application publication, and registration publication. The validity period is 10 years from the date of registration, and it can be renewed any number of times every 10 years.
Preparation for application
Documents required for application include application form, copy of identification documents, power of attorney, etc.
The Chinese language must be used during the application process. If you apply for a trademark that consists of or contains non-Chinese characters, you will need to explain their meaning.
Trademark search
In addition to preparing the documents, it is a good idea to conduct a trademark search in the database in advance. Search for trademark application/registration information and check for prior trademarks that may be similar.
After that, we recommend that you ask an expert patent attorney to determine whether the trademark you are planning to apply for can be registered.
Formality examination
The date on which the application documents are received by the China Trademark Office becomes the filing date, and a formality examination will begin to check for any deficiencies. If there are any deficiencies, the Trademark Office will notify the applicant in writing or order corrections.
substantive examination
After completing the formal examination, the Trademark Office will conduct a substantive examination of the trademark registration application. Applications that meet the registration requirements will undergo an application publication decision (Chinese: ``First Step Examination''), and the applied trademark will be published.
If the application does not meet the registration requirements, the application will be refused or partially rejected. In the case of a partial refusal, only the portion that meets the registration requirements will be registered and published unless an appeal is filed. A divisional application may also be filed only if a partial rejection notice has been issued.
Application announcement
For trademark applications that have been published, you can file an opposition with the Trademark Office within three months from the date of publication. Reasons for filing an opposition include misidentification of a geographical indication trademark, the existence of someone else's previously registered trademark, and filing a trademark application in bad faith.
Registration announcement
If no opposition is filed within 3 months after publication of the application, or if the opposition is not accepted even if there is an opposition, registration (Chinese "Notebook") will be approved and a trademark registration certificate will be issued. After that, a registration announcement will be made.
Appeal against decision of refusal
On the other hand, in the substantive examination, if the Trademark Office has issued a notice of refusal (notice of refusal or notice of partial refusal), a decision to disallow registration, a decision to declare invalidity of a registered trademark, or a decision to cancel non-use, and you are dissatisfied with the contents, , you can request an appeal to the Trademark Review and Adjudication Board.
Non-use cancellation system
If a registered trademark becomes the common name (ordinary name) of a product for which use is permitted, or if it is not used continuously for three years without justifiable reason, you may request the Trademark Office to cancel the registered trademark. can.