Trade mark application materials and matters needing attention

2018-06-28

1. Materials and matters needing attention in applying for a Chinese registered Trademark. 

(1) Letters of instruction. 
The form shall state the name and address of the applicant, the international classification of the goods / services to which the trademark applies and the catalogue of goods / services to which the trademark is designated. 
(2) Power of attorney (signature or seal). 
(3) 15 copies of the logo, in the case of a colour trademark, should also be submitted in black and white in 2 copies. The size of the design should be 5, 5 (cm), 10, 10, or 10 (cm);.
(4) For the trademark registration of the applicant's pharmaceuticals, baby food and medical nutrition products, the relevant competent department of the government of the country concerned shall submit the certificate of approval for production or trade;
(5) When applying for a trademark to be a portrait, a notarized statement of authorized use signed by the owner of the portrait shall be submitted; 
(6) The overseas applicants for trademark registration shall provide their translated names and addresses in Chinese; 
(7) The domestic applicant for trademark registration shall provide a copy of the business license sealed by the Bureau of Industry and Commerce of the place where the trademark is registered. 
Note: Nice International Classification is used in China. Each application for trademark registration is filed for priority in one category. 
(1) A claim of priority shall be made at the time of filing the application; 
(2) The priority certification document shall contain the date of application and the application number, and shall be issued by the relevant competent authority of the country in which the trademark was first filed;
(3) The priority documents can be submitted within three months after the application.

 

2. Renewal of Trademark Registration. 

(1) Power of attorney (signature or seal); 
(2) the original trademark registration certificate; 
(3) Ten copies of trademark drawings; 
Note: application for renewal of registration should be made within 6 months prior to the expiration of the period of validity of the trademark registration.

 

3. Application for assignment of a registered trademark. 

(1)Power of attorney (signed by the assignee); 
(2) An application for the assignment of a registered trademark (signed jointly by the assignor and the assignee); 
(3)Photocopy of trademark registration certificate; 
(4) When the transferee is a domestic applicant, a photocopy of the business license sealed by the Bureau of Industry and Commerce at the place of registration shall be provided.

 

4. filing of trademark license contracts. 

(1) Power of attorney (signed by Licensor); 
(2) The record form of the trademark license contract (signed jointly by the licensor and the licensee); 
(3)The original trademark license contract; 
(4) Photocopy of trademark registration certificate.

 

5. change of description items. 

(1)Power of attorney (signature or seal); 
(2) photocopy of trademark registration certificate; 
(3) Proof of alteration.

 

6. Application for a replacement Certificate of Trademark Registration. 

(1)Power of attorney (signed by the original registrant); 
(2) photocopy of trademark registration certificate; 
(3) Ten copies of trademark drawings.

 

7. Application for objection. 

Power of attorney (signature or seal). 
It should be noted that any person may, within three months from the date of the publication of the trademark, object to the preliminary approval of the trademark.

 

8. Application for review. 

Power of attorney (signature or seal). 
Note: if the Trademark Office refuses to accept the rejection of registration application, renewal application, transfer application or objection ruling or cancellation ruling, it shall apply to the Trademark Review and Adjudication Board for re-examination. The application for review must be filed within 15 days of receipt of the rejection or decision.This period can be extended once, for a total of 30 days.

 

9. Trademark infringement and unfair Competition. 

(1) Power of attorney (signature or seal); 
(2) Photocopy of China Trademark Registration Certificate; 
(3) Genuine and false commodity samples, packaging and other relevant photographs and materials, the name and address of the infringer and other relevant information. 
Note: (notes for mainland applicants to fill in the form). 
(1) "Application form" and "Power of Attorney" must be provided for each of the above items (it must be sealed and not completed); 
(2) fill in the letter of instruction in detail, affix official seal.

 

10. Notes for Application for the International Registration of Trade Marks. 

The application for international trademark registration is also called Madrid International Trademark Registration. There are two ways for applicants to apply for trademark registration abroad, one is to register one by one country by country, the other is to register internationally in Madrid. That is, in accordance with the "Madrid Agreement on the International Registration of Marks" or "Madrid Agreement on the International Registration of Marks Protocol" provisions, in the Madrid Union member countries to carry out trademark registration. The Madrid Union currently has 84 member States. 
To apply for the international registration of a trademark, you need to prepare: 
(1) Photocopy of Trademark Registration Certificate or acceptance Notification in China; 
(2) 2 copies of trademark drawings, and if it is a color trademark, 2 copies of the color trademark map shall also be submitted; 
(3) Trademark proxy.

 

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