Trademark application china

The instant save your time and screen out any unavailable patent or trademarks before further investing. The trademark has to be sufficiently distinctive and must not be confusable with older trademarks. Submit the application form and other relevant. Your trade marks attorney can advise you how to avoid being vulnerable to non-use cancellation actions by documenting evidence of use of the trade mark in the Chinese market, or re-filing trade mark applications.

First in Time, First in Right country.

China Trademark Application. If no application is filed within said perio a grace period of months is allowed with a payment of a surcharge. Since its establishment, Zhongcheng has been closely linked with the World Intellectual Property Organization (WIPO). For trademark search reports the trademark must be composed of the Latin alphabet and will only consider other trademarks in the Latin alphabet.

However, this severely competitive market brings both opportunities and challenges to the investors. Based on our data, moving forward with a Chinese trademark application makes sense, even if it will take rather a long time before the trademark is secured. If you have previously filed a trade mark application in another country, you may be able to claim an earlier priority date based on that earlier filing, an in some cases, claiming an earlier priority date can make all the difference, especially in a first to file trade mark system.

No evidence of use is required upon filing of a trademark application.

Before you even sell your products on the Chinese market, the first thing you should do is register your trademark. However, according to the Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes, there are three types of licensing – namely, exclusive licensing, sole licensing and general. In practice, failure to file an application will not affect the validity of the licence agreement.

The licensor must file the application using an application form co. No such goods may be marketed without an approved and registered trademark. The principle of good faith shall be upheld in the application for. Spring is coming to an en but it’s not too late to conduct a little spring cleaning. The following are reasons to do so.

If your organization is one of those seeking to protect their. Another decisive factor is the budget. Disclaimer The texts, the pictures and other materials contained in this website are intended for information purposes only.

Trademark name (text name, logo or both) The class in which you will seek protection (there are possible classes dividing all services and products) Description of your products and services that will be associated with the. And it is very likely to outstrip the current number one, the US, in less than two years. This means that the first company to apply for a trade mark registration, whether that company is Chinese or foreign, will obtain registration and can prevent others from using the trade mark.

Bad faith application without intent to use. A new provision is added to Article which provides that Any bad faith trademark applications without intent to use shall be dismissed.

Articles and are amended correspondingly such as Article can be invoked in an opposition action before the CTMO or an invalidation action before the TRAB. The central new paragraph in Paragraph of the Trademark Law is that applications for registration in bad faith which are not intended for use will be refused. But the vast majority of applications are either word marks, logos or a combination of both. This principle says that where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the Trademark Office will approve the trademark application which is first filed.

Where applications are filed on the same day, the preliminary approval shall be given to the trademark which was the earliest use and the applications of the others shall be rejected and their trademarks shall not be published.