Trademark

Trademark

In China, any visual sign capable of distinguishing the goods/services of one natural person, legal entity or any other organization from those of others, including any text, graphics, alphabet, number, three-dimensional mark, combination of colors, and sound, etc. and a combination of the aforesaid elements, can be filed for trademark registration application.

Registered trademarks mean trademarks that have been approved and registered by Trademark Office of CNIPA, including trademarks, service marks, collective marks and certification marks. The trademark registrants shall enjoy the exclusive right to use the trademarks.

As an appointed agency by Trademark Office of CNIPA, Dearfriend IP provides all kinds of trademark services for clients on the worldwide scale. No matter which countries or regions you asking for trademark services, welcome you to reach us. Undoubtedly and absolutely, we are your best reliable agent.

What Can We Do For You?

Advising on strategies for trademark protection

Designing trademarks according to client’s willing

Conducting trademark search in national and international databases with professional and legal opinions

Conducting and following up all trademark-related matters, such as application for registration, renewal, assignment, license and change in IP competent authorities both in China and abroad

Undertaking trademark opposition, cancellation, appeal against official decision

Initiating administrative or criminal action against infringement of trademark

Monitoring trademark for opposition purpose

Other matters related to trademarks

Some Guides of Trademark Matters in China:

Trademark Matters Guides
Trademark Search

Conduct search through official database
3-5 working days for issuing a search report with professional opinions, except for multiple marks instructed for search at the same time.
Notes:
1. Not a mandatory step for application, but an advisable step for successful registration.
2. Trademark comprising several elements, conduct both separate examination and combination examination.

Trademark
Registration

Procedure and time frame:
1. Filing an application: File to trademark office within 1-2 days once instructed.
2. Acceptance & formality examination: Issue an acceptance notice within 1-2 month. If any official notice for amendment or supplementation issued, it shall be responded.
3. Substantive examination: Within 4 months. If any official refusal is encountered, appeal (if any) shall be filed within 30 days.
4. Publication for opposition: For 3 months. Any third party may file an opposition, which can be responded within 30 days.
5. Registration and certificate: Approve and grant to registration; issuing a certificate for registration in 1-2 months
Smooth trademark registration in China usually takes 8-10 months.
Notes:
1. Multi-class application is applicable in China.
2. Extra official and professional fees should be paid for each additional goods/service over ten in one class for one single application.
3. The 11th version of International Classification of Goods/Services for Trademark Registration (Nice Classification) is adopted in China.
4. Priority shall be claimed while filing the application for registration, if any. Priority documents together with their Chinese translation shall be submitted along with the application, or late submit within 3 months since the filing date.

Trademark
Renewal

Trademark renewal usually takes 1-2 months to complete in China.
Notes:
1. Renewal of the registration shall be made within 12 months before expiration. Grace period is 6 months with certain penalty.
2. Period of validity of a renewed trademark is 10 years from the registration date.
3. Period of validity of a renewed trademark shall be calculated from the day after expiration of the previous period of validity of the trademark.

Trademark
Assignment

Trademark assignment usually takes 6-8 months to complete in China.
Notes:
1. Both pending trademark application and granted trademark registration can be assigned in China.
2. When applying for assignment, the trademark registrant shall assign all the identical or similar trademarks registered in respect of the same or similar goods/services as a package.
3. The assignor’s signature should be accordant with that recorded in the Trademark Office of CNIPA when applying for registration.
4. Consistent signatures in the Assignment Application Form and the Power of Attorney is required.
5. Assignee enjoys the exclusive right from the date of publication of assignment of the registered trademark after approval.

Recordal of
Trademark License

It usually takes 3-6 months from the filing date to be recorded in China.
Notes:
1. Not a compulsory procedure in China.
2. The recordal application should be filed within three months from the date on which the contract is concluded.
3. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. Quality of the goods in which the mark is used under the licensee shall be guaranteed.

Recordal of
Name/Address
Change

It usually takes about 6 months from the filing date to be recorded in China.
Notes:
1. Only applicable to the same entity just intending to change its name/address. If the essence of the entity has already changed, assignment application shall be considered.
2. All registered trademark by the same registrant shall be recorded for one-off change of name/address.

Trademark
Opposition

3 months for the opponent to supplement any new grounds and evidence.
The other party will be required by Trademark Office of CNIPA to make response within 30 days.
The other party’s no reply shall not affect the opposition decision.
Trademark Review and Adjudication Board (TRAB) usually takes 12-18months to be made the decision.
Notes:
1. An opposition can be filed after examination and preliminary approval.
2. The Application for Trademark Opposition shall contain the specific requests and facts and grounds, with relevant proofs and certificates attached. (We may provide our professional suggestions before filing opposition)

Trademark Appeal against
Official Refusal

Within 30 days from receipt of the notice of refusal from Trademark Office of CNIPA, file an application with simple grounds to the TRAB for a review.
After filling, 3 months for supplementing detailed grounds and materials.
The TRAB will study the filed documents and make a decision in approximately 1-3 years.
If the TRAB’s decision is positive, the application will be returned to the Trademark Office of CNIPA for publication within 1-2 month.