How to register a trademark in China？
Step 1. Find a trademark attorney to assist you with registering your trademark. This is important for researching already-registered trademarks. An attorney should help to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. Your trademark must be a “visible mark;” trademarks for sounds or smells are not granted in China. An attorney is also important because your application must include a Chinese translation. The Chinese translation of the applicant’s name and address is a requisite for applications.
Step 2. Identify the laws which regulate trademark registration between your country and China. Under Chinese law, your trademark is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.
Step 3. Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims. This information must be declared in your application.
Step 4. Ensure that your trademark adheres to Chinese laws and restrictions. For example, the image may not include insignia of any country, and may not involve only generic names. Conduct a search to endure that your trademark is not to similar to any already registered.
Step 5. If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country). You must claim this right with a written request on the Application Form. Additionally, the Certified Copy of the original trademark application issued by your local registry should be filed with the CTMO along with the Application Form. Nevertheless, if you could not file such certified document with the initial filing, you could submit it within 3 months from the filing date.
Step 6. Apply for registration with the China Trademark Office (CTMO). The application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months.
Step 1. Find a trademark attorney to assist you with registering your trademark. This is important for researching already-registered trademarks. An attorney should help to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. Your trademark must be a “visible mark;” trademarks for sounds or smells are not granted in China. An attorney is also important because your application must include a Chinese translation. The Chinese translation of the applicant’s name and address is a requisite for applications.
Step 2. Identify the laws which regulate trademark registration between your country and China. Under Chinese law, your trademark is subject to any laws, regulations, or treaties between your country and China and any international laws to which both countries are party.
Step 3. Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims. This information must be declared in your application.
Step 4. Ensure that your trademark adheres to Chinese laws and restrictions. For example, the image may not include insignia of any country, and may not involve only generic names. Conduct a search to endure that your trademark is not to similar to any already registered.
Step 5. If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country). You must claim this right with a written request on the Application Form. Additionally, the Certified Copy of the original trademark application issued by your local registry should be filed with the CTMO along with the Application Form. Nevertheless, if you could not file such certified document with the initial filing, you could submit it within 3 months from the filing date.
Step 6. Apply for registration with the China Trademark Office (CTMO). The application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months.
What documents needed for a trademark application?
The principal document in the registration process is your application form. A separate application for each trademark to be registered, although one application may cover both wares and services or a number of wares or services, must be filed. If your application is based on the current use of a design then three specimens of the mark as used should be submitted at the time of filing. the appropriate application form filled out by you or your agent.
your written authorization, if someone other than you or your agent has signed the application;
(1), Your company's business license
(2), A clear picture of your design
(3), The items (services or products)
(4). The company stamp.
The principal document in the registration process is your application form. A separate application for each trademark to be registered, although one application may cover both wares and services or a number of wares or services, must be filed. If your application is based on the current use of a design then three specimens of the mark as used should be submitted at the time of filing. the appropriate application form filled out by you or your agent.
your written authorization, if someone other than you or your agent has signed the application;
(1), Your company's business license
(2), A clear picture of your design
(3), The items (services or products)
(4). The company stamp.
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Trademark filing
In order to register a trademark , you need to pick a trademark name and run a trademark search online to ensure its uniqueness. Once that has been done, fill out the application form and submit it to the Trademark Registrar along with all the necessary documents.
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