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To better assist our clients, we provide below a brief description of our procedure, method and fee schedule.
I. Search Procedure
Before applying for registration our agency first conducts a preliminary search. Based on the results we recommend to our applicants whether or not to proceed with official trademark registration. Although the preliminary search results have no legal effect we have found that they play an important role in our clients' decisions.
II. Trademark Application Procedure
According to the Trademark Law of the People's Republic of China , all foreign individuals and enterprises must designate a local Chinese trademark agency to represent them in all matters related to trademark registration. In addition, foreign applicants must provide the following materials:
1. For identification purposes, a foreign enterprise must provide a copy of its certificate of incorporation; a foreign individual must provide a copy of his or her identification card or passport.
2. Five copies of reproductions of the trademark; if color or colors is or are designated, five copies of colored reproductions of the trademark and one copy of the black and white design shall be submitted. The reproductions of a trademark must be clear, easy to be pasted up, printed on smooth and clear durable paper or use photographs as a substitute, and the length and breadth of which shall be not more than ten centimeters and not less than five centimeters each.
3. Power of Attorney executed by the applicant(s).
4. Applicant 's name/title & address in English; (the Chinese translation or transliteration thereof is preferred if available).
5. Designated goods/services and the Int 'l Class.
6. Once the complete set of information is received our agency will file for trademark registration. The date of application is determined on the day all materials have been received by the Trademark Office.
III. Examination Procedure
Applications are examined as to the formality and substance. Examination to the formality will include the correctness of document and classification. Examination to the substance will include the registrability of the mark and possible conflict with prior rights.
IV. Exclusive Rights
Based on our experience, different problems may occur during the process of application, examination, preliminary publication and opposition proceedings. Therefore, our agency strongly suggests that only after a trademark is legally registered should mass production and/or distribution of the protected goods occur. Given the low cost of trademark registration our agency further recommends that all foreign enterprises and individuals consider registering their trademarks prior to initiating any advertising or other marketing activities in China . By doing so unnecessary and time-consuming disputes can be avoided.
V . Document Required
Filing for Trademark registration
The necessary documents provided by applicant are:
1.Order Letter indicating the name, address and nationality of the applicant, and the name of goods which will use the trademark; If the applicant has had its Chinese translation name, please also provide it to us.
2.Power of Attorney in duplicate signed by applicant;
3.Five copies of reproductions of the trademark; if color or colors is or are designated, five copies of colored reproductions of the trademark and one copy of the black and white design should be provided;
4.Priority certification document (if claiming priority);
5.Copy of effective certificate capable of proving the identification of the applicant.
Renewal
1.Power of attorney in duplicate signed by applicant;
2.Copy of the certificate of trademark registration;
3.Copy of effective certificate capable of proving the identification of the applicant.
Opposition
1.Power of attorney in duplicate signed by applicant;
2.The necessary certificate documents;
The above documents must be lodged within 3 months from the date of publication of the opposed mark.
Assignment
1.power of attorney in duplicate signed by the assignee;
2.Application for assignment of the registered mark signed by both assignor and assignee;
3.Copy of effective certificate capable of proving the identification of the assignee and the assignor.
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