In China, trademarks are protected by law if they are registered with the Trademark Office of the State Administration for Industry and Commerce. The validity of a registered trademark is ten (10) years and the registration can be renewed. The concrete forms for applying for trademark registration go as follows:

1. Trademark Search : To ensure that the trademark intended for registration from being identical or similar to registered ones; and to minimize chances of trademark opposition and unnecessary disputes; so as to reduce cost and shorten the time for examination and approval by the Trademark Office, it is always advisable to conduct comprehensive trademark search before submitting a trademark application. Our company can conduct searches within two working days at no costs to clients.

2. Material required in application for trademark registration:

(1) The identity documents of the applicant need to be submitted at the time of application. If the applicant is a corporation, certified copies of business license of the corporation with Chinese translation are required. If the applicant is a natural person, copies of his ID card are required. If the application is submitted through a trademark agency in China, it is necessary to also submit a signed and sealed Power of Attorney.

(2) Graphic representation of trademarks: It must be clear and in black-and-white. When specific colors are applied for, the samples filed shall be in color, plus one black-and-white draft;

(3) Application Form and Power of Attorney must be properly prepared and signed.

(4) Proof of priority: If you enjoy the priority as specified in the Paris Convention for the Protection of Industrial Property, please list the commodities or services related to the priority in detail, and provide related proof. The priority shall be given within six months from the first application.

After the applicant for trademark registration provides the agent with the sample of trademark and the material on the category of the goods and the designation of the goods in respect of which the trademark is to be used, the application process can start. Since there are many pending trademark applications at the Trademark Office in China, an application will receive preliminary approval or will be published in about 12 to 18 months. A third party may file an opposition against the trademark application stating clearly the grounds for the opposition. Of course, the applicant will have the opportunity to present its views. This involves presentation of legal arguments within Trademark Law and Regulations. Therefore, it is advisable for an applicant to entrust a well-experienced trademark agent to deal with these issues.

If no opposition is filed within three months, a certificate of trademark registration will be issued. For specific charges, please contact us.