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Trademark registration
in China adopts examination system, a trademark should
pass the procedures of formality examination and substantive
examination.
I. Formality Examination
Upon formality examination, for application with complete
documents and the documents are prepared in correct ways,
the Trademark Office issues the Official Filing Receipt;
otherwise, the Trademark Office issues the Not-accepting
Notice.
Where corrections are needed for the documents filed,
the Trademark Office issues Notice of Correction, requesting
the applicant to make the corrections within 15 days.
Application will be deemed withdrawn if no response is
made within said 15 days.
II. Substantive Examination
A trademark registration application enters the substantive
examination procedure after passing through the formality
examination. Upon substantive examination, the Trademark
Office will initially approve the application if it
meets the requirements of the Trademark Law, and publish
the application at the Trademark Gazette.
The Trademark Office will reject the application if
it does not meet the requirements, or partially reject
the application if the application does not meet the
requirements on partial goods.
Anyone can file opposition request at the Chinese
Trademark Office against the published trademark application
within 3 months from the date of publication.
Where there is no opposition filed in said three months,
or opposition filed is not accepted after examination,
the Chinese Trademark Office will register the trademark,
issue the trademark registration certificate and publish
the registration at the Trademark Gazette; where the
opposition is accepted after examination, the application
is rejected.
III. Review Request
If an applicant is not satisfied with the rejection
of the Trademark Office, the applicant can, within 15
days upon receipt of the rejection notice, file a review
request at the Trademark Review and Adjudication Board
(TRAB). TRAB will review the application, make a decision
and notify the applicant in written.
IV. Filing a lawsuit
Where an applicant is not satisfied with the decision
of TRAB, the applicant can, within 30 days upon receipt
of the decision, file a lawsuit at the People's Court
against the decision.
Documents and information required for trademark registration
1. Name and address of the applicant in both English
and Chinese;
2. Copy of personal identification card; copy of business
license for company or legal entity qualification certificate
of association or other type organization (foreign company
or organization does not need this document);
3. 10 trademark reproductions in black and white for
one trademark in one class; if color is to be protected,
10 colored and 2 in black and white trademark reproductions.
The reproductions shall be clear, and sized between
5cm x 5cm and 10cm x 10cm;
4. one Power of Attorney signed by the applicant (company
chop needed for Chinese entity applicant)
5. Special supporting materials
1) where the trademark is a portrait: notarized letter
of consent from the person of the portrait is required;
2) where it is a collective trademark: business license
of the applicant; The Administrative Regulations on
Use of Collective Mark and name and address of the collective
organization (if other than those of the applicant)
are required;
3) where it is a certification trademark: business
license of the applicant; The Administrative Regulations
on Use of Certification Mark and Certification issued
by the pertinent Government department concerned testifying
that the applicant has the ability of testing and supervising
the qualities of the said goods/services are required.
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