China Trademark protection services
Hotline: 86-755-82148419, Email:Info@citilinkia.com
Since May 1 2014 ,the newly amended Trademark Law of the People’s Republic of China, which took effect is the latest major step in enhancing the country’s IP system. The new trademark law streamlines trademark registration procedures and strengthens the legal protection of trademarks in China in line with international standards.
The definition of Trademark ------- What is a trade mark?
A trade mark is a sign that serves the specific and primary purpose of identifying the goods or services of a producer, thus allowing the consumers to distinguish goods or services of one producer from those of another. The sign may be composed of words, devices, letters, numerals, three-dimensional signs (shapes), combinations of colours or any combinations of the above.
Comparisons: National vs. International Registration System
• Validity: The national Chinese trade mark registration and the international trade mark registration are both valid for ten years and can be prolonged for subsequent 10-year protection periods. However, application for renewal must be made within 6 months before the expiration. If the owner fails to do so within that period of time, an extension period of 6 months may be granted. If no application is filed before the extension period expires, the registered trademark will be cancelled.
• Language of application: If you use the international system, you can make your application in English, French or Spanish, however, if you follow the national system the application can only be made in Chinese. As a foreign company, you will have to use a Chinese trade mark agent, unless you have a Chinese office and therefore your own Chinese company name and address.
• Coverage: The basic fee for the international system covers more than one country at the same time and up to three classes of goods or services. Under the Chinese national system a separate application must be filled per class.
• Certificates: In theory there is no difference in scope of protection between the international and national trade mark registration, however, for practical reasons you may wish to apply through the national system in China. By doing so you will also obtain a Chinese language certificate which can be used when undertaking any enforcement action in China and will help speed up proceedings when dealing with local authorities. If you use the international system you will need to request a Chinese language certificate from the CTMO to certify an international trade mark, which can take up to three months following the request.
• Classifications: Both the Chinese and the European trade mark registration systems use the International Classification of Goods and Services under the Nice Agreement, however Chinese
classes also include sub-classes which are not used in Europe.
Chinese Customs conduct an important function in intellectual property protection like most countries’ customs organizations around the world. The General Administration of Chinese Customs has set up in its head office as the Section of Customs Protection for Intellectual Property Rights especially responsible for recording intellectual property rights in Customs and lending guidance to Customs departments nationwide in taking protective measures.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82148419, 86-755-82143512, or emailing to info@citilinkia.com