China brand name registration, also called China brand name application, brand registration. Any foreigner or foreign enterprise intending to apply for brand name registration in China should file an application in accordance with relevant agreements concluded between the country (or region) to which the applicant belongs and China, or according to relevant international treaties to which both countries (or region) are parties, or on the basis of the principle of reciprocity.
Points to Note in Application for China brand name Registration
In applying for brand name registration, the class and description of the goods should be put in the application form according to the prescribed classification system. Currently, China adopts the International Classification System, which classifies goods and services into 34 categories and 11 categories respectively. Where an applicant intends to register the same brand name for goods in different classes, a separate application for registration should be filed in respect of each class of the prescribed classification of goods.
Where a registered brand name is to be used in respect of other goods of the same class, a new application for registration should be filed. Where any design of a registered brand name is to be altered, a new registration should be applied for. Where, after the registration of a brand name, the name, address or other matters concerning the registrant change, an application regarding the change should be filed.
Procedures for China brand name Registration and Documents Required
In applying for brand name registration, the following documents should be submitted to the relevant authorities: application for brand name registration, power of attorney, five copies of the reproductions of the brand name (if colour is claimed, five copies of the colour reproductions of the brand name), one copy of the black and white design thereof, and identification documents. The reproductions of the brand name must be clear and easy to be pasted up and should be printed on smooth and clear durable paper or substituted by photographs, the length and width of which should be less than 10 cm but more than 5 cm each.
When a foreigner or foreign enterprise applies for brand name registration, the Chinese language should be used (any document in a foreign language should be accompanied by a Chinese translation). Nationals of the States Parties to the Paris Convention, who after filing an application for registration of a brand name in any other State Party, file another application for registration of the same brand name for the same product in China, may claim priority within six months after the first filing and submit priority documents. The date of the first application for registration of the brand name filed in another State Party to the Paris Convention shall be regarded as the application date in China.
Right of Priority in China brand name Registration Application
Where an applicant, within six months from the date of his first-time application for registration of a brand name in a foreign country, applies for registration of the same brand name for goods in the same class in China, he may enjoy the right of priority in accordance with any relevant agreement entered into between that country and China or any relevant international treaties to which both countries are parties, or on the basis of the principle of reciprocity.
Application for Change of Details of Registered brand name
To change the name, address or other registered particulars of a brand name registrant, an application for change should be filed with the brand name Office. Upon granting approval, the brand name Office will issue a certificate to the registrant and announce the change; for rejected cases, the brand name Office will notify the applicant in writing, stating the grounds for rejection.To change the name of a brand name registrant, a document in support of the change issued by the registration organisation should be submitted. Where the name or address of a brand name registrant is to be changed, the brand name registrant should make the same modification in respect of all his registered brand names.
Application for Assignment of Registered brand name and Transfer of Exclusive Right to Use a brand name
Where a registered brand name is to be assigned, both the assignor and assignee should submit an Application for Assignment of Registered brand name to the brand name Office, while the application procedures are to be completed by the assignee. Upon approval granted by the brand name Office, a certificate to that effect will be issued to the assignee and the assignment will be announced.When assigning a registered brand name, the brand name registrant should assign simultaneously the same or similar brand names registered by him for the same or similar goods.
Validity Period and Renewal of Registered brand name
The period of validity of a registered brand name is 10 years, counted from the date of approval of the registration. For renewal, the period of validity of each renewal is 10 years, counted from the day immediately following the expiration of the preceding validity period.Where the registrant intends to continue to use the registered brand name beyond the expiration of the validity period, an application for renewal should be made within six months before the said expiration. If no application is filed within this period, a grace period of six months may be granted. If no application is filed at the expiration of the grace period, the registered brand name will be cancelled.
Authorized Use of Registered brand name
A brand name registrant may, by signing a brand name licensing contract, authorise other persons to use his registered brand name within a certain time period and a certain geographic area. The licensor should file a copy of the brand name licensing contract with the brand name Office for the record within three months from the signing of the contract. Parties authorised to use the registered brand name of others must show the name of the licensee and the place of production of the goods on the goods using the licensed brand name and must guarantee the quality of the goods in respect of which the registered brand name is used.
Re-issuance of Certificate of brand name Registration
Where a Certificate of brand name Registration is lost or damaged, it is necessary to apply for re-issuance of the certificate and the registrant should submit an Application for Re-issuance of Certificate of brand name Registration and five copies of the reproductions of the registered brand name to the brand name Office. Where the Certificate of brand name Registration is lost, a declaration should be published in the brand name Gazette. Where the certificate is damaged, it should be returned to the brand name Office.
Protection of Well-known brand name
The brand name Office under SAIC is responsible for endorsing and managing well-known brand names. A brand name registrant seeking protection for his well-known brand name should file an application with the brand name Office. Upon endorsement, the brand name Office will notify the applicant and publish the relevant information. For brand names endorsed by the brand name Office as well-known, no application for renewal of endorsement is necessary within three years after endorsement.
If any person uses a brand name that is identical with or similar to the well-known brand name of another person on goods of a different class, insinuating that the goods are in some way associated with the registrant of the well-known brand name thereby causing possible damage to the registrant, the registrant of the well-known brand name may make a request, within two years from the date on which s/he obtains or should have obtained knowledge of such acts, to SAIC to stop such acts.
Contact Us
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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