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Formal requirements:

1. The applicants details, i.e. its name, address and the Chinese translation thereof (if the applicant does not have Chinese name and address, we can translate them for clients confirmation with no charge);
2. The classes and goods or services the trademark is intended to be registered in respect to;
3. A specimen (within 55 - 1010cm) of the mark if it is in black and white. 8 color copies and two black and white copies if the mark claims color protection;
4. A simply signed Power of Attorney (No legalization or notarization is required);
5. Copy of the Identification Certificate or Passport (if the applicant is an individual).
6. Details of the priority application and a certified priority document and its English translation if it is not in English (if Convention Priority is to be claimed).


Procedure:

An official receipt could be received from the CTMO within two months time from the filing date. Then the application steps into formality examination and substantive examination. The form usually takes 6-8 months and a notification of amendment will be issued if any informality has been found, otherwise the later which usually takes 12-18 month begins. Supposing no official refusal arisen after the substantive examination, the application will be published for opposition for 3 months, within which if there isnt any opposition, the application will be granted registration and the certificate will be issued in one or two months.

Therefore, the total time frame for a smooth trademark registration (from filing to obtaining certificate) in China is approximately 24-32 months. While the CTMO is make effort to speed up.


Notes:

1. Multi-class application is not applicable in China. A separate application shall be filed in respect of each class of goods or services.
2. Extra official and professional fees should be paid for each additional goods/service over ten in one single application.
3. China adopts the 9th version of International Classification of Goods/Services for Trademark Registration (Nice Classification).
4. Anyone claiming the right of priority shall make a claim when filing the application for registration and the priority documents could be submitted along with the application, or within 3 months since the filing date. Where the applicant fails to make the claim or submit the priority documents within the said time limit, the claim for priority shall be deemed not to have been made ever.


 

 

 
 
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