A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
why do people needs to register a trademark?
For goods that must be used in connection with a registered trademark as prescribed by the laws and administrative regulations, a trademark registration must be applied for. Where no trademark registration has been granted, such goods canno
How long the trademark can be used by the register?
Ten years from the date of approval for registration
what are the reasons for the trademark refusal?
Where a trademark application does not complies with the relevant provisions in this Law or is identical with or similar to a registered trademark used in connection with the same or similar goods, its registration shall be refused by the T
what kind of trademark can be registered?
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such
How to file an application in Madrid?
Filing an international application requires that you have already registered or applied for a mark in your home IP Office.
What rights does trademark registration provide?
In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.
How to search before filing an international application?
Before filing an international application, you can search WIPO and IP Office databases to find out if there are identical or similar marks already in Contracting Parties of interest. WIPO and national/regional IP Offices provide databases
Why the trademark needs to search before filing?
Early discovery of potential conflicting marks will enable you to make an informed decision about your application strategy. And you can choose file or not, and may have the chance to change the simple of your trademark.nd out if your mark
what is kind of mark are not permitted to be registered as a trademark?
1) Names, devices, or designs that are generic to a class or group of goods; 2) Marks that merely indicate the quality, principal raw materials, function, use, weight, quantity or other features of the goods in respect of which the marks ar
What is the use of the trademark?
The use of trademarks referred to in the Trademark Law and these Regulations include, among other things, the use of trademarks on goods, Packages or containers thereof and commodity trading instruments, or use of trademarks in advertisemen
Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispute arises in the course of trademark registration or trade
Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispute arises in the course of trademark registration or trademark review and adjudication, he may fil
In accordance with the provisions of the Trademark Law and these Regulations. Applications may be filed for registration of geographic indications provided for in Article l6 of the Trademark Law as w
Applications may be filed for registration of geographic indications provided for in Article l6 of the Trademark Law as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations. Wh
An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit what kind of document?
An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney} shall indicate such contents and
An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit what kind of document? What’s the d
The Power of Attorney} shall indicate such contents and competence as authorized: the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.
According to the trademark law, which language shall be used in the application ?
The Chinese language shall be used in applying for trademark registration or attending to other trademark matters. Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are i
In which circumstance, staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part may request him to withdraw?
In any one of the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part} may request him to withdraw: (l) he is a party or a close rel
What time can named as the filing day?
Unless otherwise provided for in these Regulations, where any document is sent to the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally}. or t
Document of the Trademark Office or the Trademark Review and Adjudication Board will send to who and by what way?
Any document of the Trademark Office or the Trademark Review and Adjudication Board may be served by post, by personal delivery or by other means. Where an interested party entrusts a trademark agency, delivery of the document to the tradem
What should international registration process in china ？
Where an application is filed for international registration, it shall be done in accordance with the relevant international treaties to which China has acceded. The specific measures shall be prescribed by the administrative department for
Why develop the trademark law?
This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, and encouraging producers to guarantee the quality of their goods and maintain the reputation of their tr
Which department shall be responsible for the registration and administration of trademarks throughout the country?
The Trademark Office of the State Administration for Industry and Commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.
Which department shall be responsible for trademark disputes?
Industrial and commercial administrative department of the State Council set up TRAB, responsible for handling trademark disputes.
What is the meaning of a registered trademark?
A registered trademark means a trademark that has been approved and registered by the Trademark Office. A trademark registrant shall enjoy an exclusive right to use the trademark, which shall be protected by law.
what is the meaning of a collective mark?
A collective mark is a mark registered in the name of a group, association, or any other organization and used by its members to indicate membership.
what is the meaning of a certification mark?
A certification mark is a mark which is owned by an organization that exercises supervision over a particular product or service and which is used to indicate that third-party goods or services meet certain standards pertaining to place of
How to apply for the exclusive right for a trademark?
Any natural person, legal person, or other organization desirous of acquiring the exclusive right to use a trademark for the goods produced, or services and activities offered by it or him shall file an application for the registration of t
What will happen when two or more natural persons, legal persons, or other organizations jointly file an application?
If two or more natural persons, legal persons, or other organizations may jointly file an application for the registration of a trademark and jointly enjoy and exercise an exclusive right to use the mark.
A trademark seeking registration shall obey what rules?
A trademark seeking registration shall be so distinctive as to be distinguishable and shall not infringe upon the prior legitimate rights of others.
What’s rule shall a trademark registrant obey?
A trademark registrant shall have the right to display the wording Registered Trademark or a sign indicating that it is registered.
What principle should a foreigner or foreign enterprise do when they want to conduct a registration in china?
Any foreigner of foreign enterprise desirous of applying for the registration of a trademark or processing any other trademark matters in China shall retain any of the organizations designated by the State to be his or its agent.
A trademark agency should abide by what principle?
A trademark agency shall abide by principles of good faith, abide by relevant laws and administrative regulations, and handle trademark registration and other trademark matters according to the instructions of its principals; a trademark ag
In what situation, a trademark agency can’t on behalf of the registration?
Where a trademark agency knows or should know that a trademark registration applied for by the principal violates the provisions of Article 15 and Article 32 of this law, the trademark agency shall not act as an agent for said principal in
The exclusive right to use a registered trademark is limited to what?
The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in connection with which the trademark is to be used.
What kind of conduct is infringing the exclusive right of a registered trademark?
1) Using a trademark that is identical with a registered trademark in connection with the same goods without the authorization of the owner of the registered trademark; 2) Using a trademark that is similar to a registered trademark in conne
What will happen when a party uses a famous trademark as registered, or unregistered, as an enterprise name and confuses the public?
Where a party uses a famous trademark as registered, or unregistered, as an enterprise name and confuses the public, if it constitutes unfair competition, the infringer shall be handled in accordance with the Anti Unfair Competition Law of
In what situation, an exclusive rights holder of a registered trademark have no right to prohibit other people to use the similar trademark?
An exclusive rights holder of a registered trademark shall have no right to prohibit other people from using in normal use the common name, logo or model contained in the relevant registered trademark or the quality, principal raw materials
The same situation in three-dimensional registered trademarks?
Where three-dimensional registered trademarks are by the products own nature essentially the shape of the product, and provide the goods bearing the mark with a specific value, a trademark holder shall have no right to prohibit other partie
What the trademark registrant or any interested party should do when there is an litigation arise about the exclusive right?
When a dispute arises after a party commits any of the acts infringing upon another partys exclusive right to use a registered trademark as enumerated in Article 57 of this Law, the parties involved shall settle the dispute through consulta
Which authorities can handle the dispute for exclusive right?
The administrative authority for industry and commerce is authorized to investigate any conduct infringing upon the exclusive right to use a registered trademark. Where a crime is suspected to have been committed, the administrative authori
How to file an application?
The applicant shall indicate on the application the class of goods and describe the goods with which the mark is used, based on the prescribed schedule of classes of goods, and shall file an application.
Should the same mark for goods in different classes can apply for one trademark?
The applicant can apply the same trademark for goods in different classes with an application.
We can file the application document by which way?
The trademark registration applications and other relevant documents can be filed in writing or by other electronic means of data transmission.
What should we do if we want to use the trademark in connection with other goods in the same class for which the registration was granted?
Where a trademark registrant intends to use the trademark in connection with other goods in the same class for which the registration was granted, a new application shall be filed.
What should we do if we want to change the element of the trademark?
Where any word or device of a registered trademark is to be altered, a new application shall be filed.
What’s the meaning of priority?
An application for registration of a mark filed by a party that has previously duly filed an application to register the same mark in connection with the same goods in a foreign country shall be accorded priority in accordance with any agre
What should we do if the trademark intends to continue to use the registered trademark beyond the 10-year period?
Where the registrant intends to continue to use the registered trademark beyond the 10-year period, an application to renew the registration shall be made within twelve months prior to the date of expiration. Where no application for renewa
What if the name, address, or other matters pertaining to the registrant want to change?
Where, after the registration of a trademark, the name, address, or other matters pertaining to the registrant change, an application regarding the change shall be filed.
What should we do if we want to filing an assignment?
To assign a registered trademark, the assignor and assignee shall sign a transfer agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in connection with which the mark i
What will happen if the trademark registrant have a similar trademark on the same goods, or the same or similar trademark on similar goods in the procession?
To assign a registered trademark, where a trademark registrant registered a similar trademark on the same goods, or the same or similar trademark on similar goods, the trademark registrant shall concurrently assign its trademarks.
what is the meaning of a trademark licensing agreement?
A trademark registrant may, by signing a trademark licensing agreement, authorize other parties to use its registered trademark. The licenser shall supervise the quality of the goods in connection with which the licensee uses its registered
The Trademark Office shall invalidate the registration in what situation?
Where a trademark registration violates the provisions of Articles 10, 11, and 12 of this Law, or the registration of a trademark was acquired by fraud or any other improper means, the Trademark Office shall invalidate the registration at i
What do the parties could do after the Trademark Office notify the parties about the invalidation?
To make a ruling to invalidate a registered trademark, the Trademark Office shall notify the parties in writing. The parties who refuse to accept the Trademark Offices decision may apply for a review within 15 days after receiving the decis
What will happen if the invalidation requested by any organization or individual?
If any organization or individual requests that the Trademark Review and Adjudication Board make a ruling to invalidate such a registered trademark, the Trademark Review and Adjudication Board shall notify the relevant parties after receivi
In what situation, the holder of prior rights or any interested party may, within five years from the date of registration, can request the Trademark Review and Adjudication Board make a ruling to in
Where a trademark registration violates the provisions of Articles 10 Paragraph 2 and Paragraph 3, Article 15, Article 16 Paragraph 1, Article 30, Article 31 or Article 32 of this Law, any holder of prior rights or any interested party may,
What happens next?after the Trademark Review and Adjudication Board receipt of an application for invalidating a trademark
The Trademark Review and Adjudication Board shall, after receipt of an application for invalidating a trademark, notify the interested parties and request them to submit arguments by a specified time. The Trademark Review and Adjudication B
What happens after the expiration of the time limit?
After the expiration of the time limit, where the parties fail to bring suit to a Peoples Court for a review of invalidating the registered trademark handled by the Trademark Office, or review decisions, decisions on maintaining the registe
What happens to the invalidated registration?
In the event that a registered trademark is invalidated according to the provisions of Article 44 or Article 45, the invalidation of a registered trademark shall be publicized by the Trademark Office, and the exclusive right to use that tra
What happens if any loss has been caused through the ill will of a trademark registrant to any other party?
A decision or ruling pertaining to the invalidation of a registered trademark shall not be applied retrospectively against prior rulings, nor made and enforced by, the administrative department of industry and commerce concerning trademark
What happens if the trademark registrant or other party did not want to abided?
The use of trademarks as stipulated in this Law refers to the affixation of trademarks to commodities, commodity packaging or containers, as well as commodity exchange documents or the use of trademarks in advertisements, exhibitions, and f
As a trademark registrant, what will happen if I change the name or other element of the trademark?
Where a trademark registrant alters a registered trademark without approval, the name, address, or other matters concerning the registrant without approval, the Trademark Office shall order it to rectify the situation by a specified time; I
What should I do if I want to revoke a trademark which the trademark have not been use for a period greater than three years without any justifiable reasons?
Where a registered trademark is becoming a generic name in a category of approved goods, and the mark has not been used for a period greater than three years without any justifiable reasons, any organization or individual may request that t
What will happen if the trademark I want to registered was similar or same to a registered trademark which has been cancelled, invalidated or has not been renewed upon expiration?
Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiration, the Trademark Office shall not approve any application for the registration of a trademark that is identical to or similar with the said t
What will happen if a party violates the provisions of Article 6 of this Law?
Where a party violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order it to file an application to register the mark within a specified period and may, if the amount of earn
What will happen if a party that uses an unregistered trademark has committed misrepresenting the trademark as registered, or violating the provision of Article 10 of this Law?
Where a party that uses an unregistered trademark has committed misrepresenting the trademark as registered, or violating the provision of Article 10 of this Law, the local administrative authority for industry and commerce shall prohibit t
What will happen if a party violates the provision of Article 15 Paragraph 5?
Where a party violates the provision of Article 15 Paragraph 5, the local administrative authority for industry and commerce shall order the party to rectify the situation and impose a fine of RMB 100000.
Q: What can we do if we dissatisfied with the decision of the Trademark Office to cancel or not cancel a trademark registration?
A party that is dissatisfied with the decision of the Trademark Office to cancel or not cancel a trademark registration may, within 15 days from receipt of notification, apply to the Trademark Review and Adjudication Board for a review. The
What will happen if the time limit has expired and the applicant fails to apply to the Trademark Office for a review of the office’s decision to cancel a trademark’s registration, or to institute l
After the expiration of the time limit, where an applicant fails to apply to the Trademark Office for a review of the offices decision to cancel a trademarks registration, or to institute legal proceedings with a Peoples Court contesting th
What happens if the trademark has been canceled?
A registered trademark that be canceled shall be publicized by the Trademark Office, and the exclusive right to use the registered trademark shall be suspended from the date of publication.
Is there a limit for a trademark’s exclusive right?
The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in connection with which the trademark is to be used.
Which conductions will constitutes an infringement of the exclusive right to use a registered trademark?
1) Using a trademark that is identical with a registered trademark in connection with the same goods without the authorization of the owner of the registered trademark; 2) Using a trademark that is similar to a registered trademark in conne
What should we do if a party uses a famous trademark as registered, or unregistered, as an enterprise name and confuses the public?
if it constitutes unfair competition, the infringer shall be handled in accordance with the Anti Unfair Competition Law of the Peoples Republic of China.
In what situation, An exclusive rights holder of a registered trademark shall have no right to prohibit other people from using the same or similar trademark?
when this mark is the common name, logo or model contained in the relevant registered trademark or the quality, principal raw materials, functions, uses, weight, quantity, geographic name or other features that are explicitly expressed in t
What will happen if the three-dimensional registered trademarks are by the product’s own nature essentially the shape of the product, and provide the goods bearing the mark with a specific value?
Where three-dimensional registered trademarks are by the products own nature essentially the shape of the product, and provide the goods bearing the mark with a specific value, a trademark holder shall have no right to prohibit other partie
Could the holder of the exclusive right prohibit other people from using the trademark if an identical or similar trademark has been used in connection with the same goods or similar goods by others b
Where an identical or similar trademark has been used in connection with the same goods or similar goods by others before the registrants application, the exclusive right holder of said registered trademark shall have no right to prohibit o
Which powers can administrative authorities take in investigating activities?
Administrative authorities for industry and commerce above the county level may, based upon existing evidence of illegal conduct or information supplied by a member of the public, exercise the following powers in investigating activities su
What should the party do when the administrative department of the preceding exercise powers prescribed by law?
When the administrative department of the preceding exercise powers prescribed by law, the parties shall assist and cooperate and shall not refuse, obstruct.
What should we do if there is an dispute arises with respected to the ownership of the trademark, or the right owner files lawsuits of trademark infringement to a People’s Court ?
Upon the process of investigating activities suspected of having infringed upon another partys exclusive right to use a registered trademark, where any dispute arises with respected to the ownership of the trademark, or the right owner file
Should the party pay the fine if he or she can prove that he or she did not know the infringement they have caused?
Where a party unknowingly sells goods that infringe upon another partys exclusive right to use a registered trademark, but can prove that it has obtained the goods lawfully and is able to identify the supplier, it shall not be held liable f
The point of a geographic indication registered as certification marks or collective marks?
Where a geographic indication is registered as a certification mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for using the certification ma
In the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part may request him to withdraw?
(l) he is a party or a close relative to a party or agent; (2) he is related in such a way with a party or agent insofar as the relation would affect impartiality; or (3) he has interests in an application for trademark registration or an}
The regulation about international trademark registration?
Where an application is filed for international registration, it shall be done in accordance with the relevant international treaties to which China has acceded. The specific measures shall be prescribed by the administrative department for
The basic process of trademark application?
In application for the registration of a trademark, a separate application shall be filed in respect of each class of goods or service according to the published Classification of Goods and Services. For each application for the trademark r
What if the mark filed as a three-dimensional sign?
Where an application is filed for the registration of a three-dimensional sign as a trademark, a statement shall be made in the application, and the reproduction capable of defining the three-dimensional formation be submitted.
What if the mark filed as colours?
Where an application is filed for the registration of a combination of colours as a trademark, a statement shall be made in the application, and an explanation thereof be submitted in writing.
What if the mark filed as a certification mark or collective mark?
Where an application is filed for the registration of a certification mark or collective mark, a statement shall be made in the application, and the certificates of the qualification of the applicant and regulations for the administration o
What if the mark filed within foreign language?
Where a trademark is in a foreign language or contains lexical elements in a foreign language, explanation of its meaning shall be made.
what kind of document can be the identify document of the applicant?
When filing an application for the registration of a trademark, the applicant shall submit a copy of effective certificate capable of proving his identification. The name of the applicant for trademark registration shall be consistent with
Instructions of filing the application.
The goods or services shall be listed in the application according to the Classification of Goods and Services. If the goods or services are not listed in the Classification of Goods and Services, a description of the 5aid goods or services
What’s Regulations on the Protection of Olympic Symbols for?
These Regulations are formulated for the purposes of strengthening the protection of Olympic Symbols, protecting the lawful rights and interests of the owners of the Olympic Symbols, and ensuring the dignity of the Olympic Movement.
Olympic Symbols mentioned in these Regulations refer to what?
(1) The Five Olympic Rings of the International Olympic Committee (hereinafter referred to as the IOC), Flag, Motto, Emblem, and Anthem of the Olympic Games; (2) The special terms of OLYMPIC, OLYMPIAD, OLYMPIC GAMES and their abbreviations;
Who are The right owners of the Olympic Symbols in these Regulations?
The right owners of the Olympic Symbols in these Regulations refer to the IOC, the COC, and the Organizing Committee of Games of the XXIX Olympiad (hereinafter referred as BOCOG). The division of the rights among the IOC, the COC and the BO
What are the rights the owners can enjoy?
The right owners of the Olympic Symbols shall enjoy the exclusive right according to these Regulations. Without the authorization of the right owners of the Olympic Symbols (hereinafter referred as the right owner), no one may use the Olymp
The Use for Business Purposes in these Regulations refers to what?
The Use for Business Purposes in these Regulations refers to use the Olympic Symbols to make profits in the following ways: (1) To use the Olympic Symbols on the commodities, the package or the container of the commodities, and the related
Who is responsible for the protection of the Olympic Symbols according to the provisions of these regulations.
The administration departments for industry and commerce under the State Council shall be responsible for the protection of the Olympic Symbols according to the provisions of these regulations. The administration departments for industry an
Who should report the Olympic Symbols to the administration departments for industry and commerce under the State Council for record?
The right owners shall report the Olympic Symbols to the administration departments for industry and commerce under the State Council for record. The records shall be proclaimed by the administration departments for industry and commerce.
What should I do if I get the authorization to use the Olympic Symbols for business purpose from the right owners?
Anyone, who has the authorization to use the Olympic Symbols for business purpose from the right owners, shall make the license contract of using the Olympic Symbols with the right owners. Those, who use the Olympic Symbols in the ways ment
What will happen if someone use the Olympic Symbols without the authorization of the right owner for business purpose?
No one shall use the Olympic Symbols without the authorization of the right owner for business purpose. Such acts infringe the exclusive right of the right owner. The dispute over the infringement of the exclusive right of the Olympic Symbo
Does the administration departments for industry and commerce has the right to investigate and deal with the infringement of the exclusive right of the Olympic Symbols?
The administration departments for industry and commerce has the right to investigate and deal with the infringement of the exclusive right of the Olympic Symbols. When the administration departments for industry and commerce investigated a
What will happen if the imported and exported cargoes were suspected of infringing the exclusive rights of the Olympic Symbols?
It will be investigated and dealt with by the custom according to the competency and procedures of Custom Law of The Peoples Republic of China and Regulations on the Custom Protection of Intellectual Property Rights of The Peoples Republic
The amount of compensation of the infringements of the Olympic Symbols shall be decided according to what?
The amount of compensation of the infringements of the Olympic Symbols shall be decided according to the loss of the infringed, or the gain of the infringer caused by the infringement, which includes the reasonable costs to deter the infrin
Which laws and regulations can protect the Olympic Symbols Besides the protection of these Regulations?
Such as Copyright Law of the Peoples Republic of China, Trademark Law of the Peoples Republic of China, Patent Law of the Peoples Republic of China, and Regulations on the Administration of Special Signs.
What’s the measures for the Implementation of International Registration of Marks under Madrid Agreement?
These Measures shall apply to applications for international registration of marks with China being the country of origin, and applications designating territorial extension to China and other relevant applications.
Where any party applying for international registration of a mark with china, what principle should they abide?
They shall have real and effective industrial or commercial establishments in China, or be domiciled in China, or be a Chinese national.
May the registered trademark apply for international registration under the Madrid agreement?
Where any party is eligible for the international registration of a mark as provided under Article 3 of these Measures and his or its mark has been registered in the Trademark Office of the administrative authority for industry and commerce
How is the world intellectual property organization dealing with international trademarks?
Any party filing an application in respect of matters such as subsequent designation, renunciation or cancellation of the international registration of a mark under the Madrid Agreement shall deal with the matter through the trademark Offic
Do they charge any translation fee?
Yes, Any party applying for international registration of a mark or dealing with other relevant matters through the Trademark Office may fill out the English or French forms prepared by the International Bureau, or fill out the Chinese form
What should we do If the applicant for international registration of a mark is a natural person, and what if the applicant is a legal person or any other organization?
If the applicant for international registration of a mark is a natural person, he shall indicate his Chinese name. If the applicant is a legal person or any other organization, it shall indicate its Chinese name in full. If the natural pers
What message should the applicant indicate?
An applicant shall indicate his or its address in full (including the address and postal code) in the application for international registration of a mark, telephone number and facsimile number.
How many classes can an application for international registration of a mark may designate?
An application for international registration of a mark may designate one class of goods or service, or two or more classes of goods or service.
What is needed for the international registration of a mark?
(i) a copy of the Certificate of Trademark Registration in China or a copy of the Notification on the Acceptance of Application for Trademark Registration issued by the Trademark Office; (ii) a Certificate of Priority if the right of priori
At what time, any party may file an opposition with the Trademark Office against an application requesting for territorial extension to China published in the Gazette?
Within 3 months after the first day of the month following the publication of the International Mark by the World Intellectual Property Organization, any party may file an opposition with the Trademark Office against an application requesti
What can we do if an applicant requesting for territorial extension of a collective mark or certification mark to China?
An applicant requesting for territorial extension of a collective mark or certification mark to China shall submit，through a trademark agency and according to the relevant provisions, to the Trademark Office the certificate of the qualifi
What will happen if an assignor fails to apply?
Where an assignor fails to apply, according to law, for assignment in a lump of all his or its identical or similar marks in respects of the same or similar goods, the Trademark Office shall notify the registrant for international registrat
What will happen if the deletion or reduction does not comply with the requirements on the classification of goods or services enforced in China?
If any deletion or reduction does not comply with the requirements on the classification of goods or services enforced in China, the Trademark Office shall decide that the deletion reduction is not valid in China, and declare it to the Inte
What should we deal with if we want to licensing another party to use ours trademark of international registration in the territory of China?
Any party licensing another party to use his or its trademark of international registration in the territory of China shall deal with the matter in accordance with the Trademark Law and the Implementing Regulations thereof.
What will happen if there is a substitution caused?
Where an applicant requesting for territorial extension to China substitutes his or its trademark of international registration for a trademark registered in China, the marks international registration shall not affect the right of the mark
What will happen if a trademark of international registration under protection in China falls within the circumstances provided in Article 41 of the Trademark Law?
Where a trademark of international registration under protection in China falls within the circumstances provided in Article 41 of the Trademark Law, the owner of the trademark or an interested party or any other party may, depending on the
Who and when should appoint a trademark agency to apply to the Trademark Office for issuance of a certificate that his or its mark is under protection in China?
Any party who designates protection of international registration of a mark in China may, form the date of expiration of the time limit for rejection of the mark, appoint a trademark agency to apply to the Trademark Office for issuance of a
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