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CHINA TRADEMARK REGISTRATION
Trademark Registration and Administration in China
The system of trademark law in mainland China is administered by the Trade Mark Office (with an appeal function adminstered by the Trademark Review and Adjudication Board and the courts). The two principle pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.
Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below).
Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).
China Trademark Registration Body
Trademark Office of the State Administration for Industry
and Commerce of the People's Republic of China
.
Step by Step Guideline to Register a Trademark in
China
Conduct pre-filing searchwith the China Trade Mark Office (CTMO) --> Confirmation of availability (by way of search
reports by kaizen --> Sumission of trademark registration
application forms --> Official examination of registrability
--> (if accepted) Publication in Government Gazette -->
(if no objections received) Issuance of Certification of Registration.
China Trade Mark Pre-filing Search
Trademark without logo (No official opinion given): US$100
inclusive of official fee
Trademark with logo (No official opinion given): US$125 inclusive
of official fee
Pre-filing search includes:
(1) Per class code
(2) Search results returned back by fax or email in 3 working
days
(3) Covers Direct Hits and Close Matches in English and Chinese
Application: US$455
(1) Per class code
(2) Prepared and submitted in 1-2 weeks
(3) payment of official application fee
(4) Monthly follow ups of your mark through out the entire
unopposed registration process (via e-mail)
The application fee stated above includes government filing
fee of US$125. However, its is limited to 10 items, additional
items will cost US$30 per item.
Issuance of Certificate: US$80
Obtaining and forwarding of Certificate of registration
Summary of Fees (first
class code)
$ 100 Search (word mark)
$ 455 Registration (including official filing fee but limited
to 10 items only)
$ 80 Obtaining Certificate of Registration
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US$635 TOTAL
Summary of Fees (second
class code and thereafter, please check out your class code
from Classification of Classes)
$ 100 Search (word mark)
$ 375 Registration (including official filing fee but limited
to 10 items only)
$ 40 Obtaining Certificate of Registration
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US$515 TOTAL (second class
and thereafter)
Download
the fee schedule now
Required Documents & Services
1. A simple power of attorney executed by the applicant, no notarisation is required.
2. Fifteen prints of the trademark (not required for word
marks). A trademark print should not exceed 10x10 centimeters.
Four black and white prints as well as fifteen color prints
are required when a trademark is in color.
3. One copy of certificate issued by competent authorities
authorizing manufacture in the home country in the case of
a trademark covering pharmaceutical products for human use.
A certificate of the Chamber of Commerce of the home country
is sufficient.
4. A priority document when priority is claimed. The document
can be filed within 3 months after the filing date of the
application.
5. A Chinese translation of the applicant's name should be
provided where available especially where the name of the
applicant incorporates its trademark (e.g. "Kodak")
for which a Chinese translation already exists.
-- Translation of foreign terms is required
-- Power of Attorney form is required for international customers
-- No legalization or notarization is required
-- No Samples Required
Time Scale
Currently it is taking approximately 18-24 months to get a
trademark in China.
Period of Protection
10 years.
See also:
Requirements on Application for Registering
a Trademark in China
Chinese Trademark Renewal, Assignment,
Bibliographic Change, Reissuance of Certificate, Recordal
of Trademark Licence
Opposition, Review Procedure in the
Trademark Review and Adjudication Board, Cancellation on the
Basis of Improper Registration
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