China trademark registration adopts “First-to-File” principle, which meas that where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the Trademark Office will approve the trademark application which is first filed. In China, you must register your trademark with the Chinese Trademark Office in order to protect your exclusive rights.
Owners of registered trademarks have the ability to prevent others (i.e., their competitors, partners in China, we had clients that found out their trademark was registered by their supplier in China and other third parties) from using their registered trademark without permission.
Registrable Trademarks
Registrable trademarks are any signs capable of distinguishing the source of goods or services, including words, devices, letters of an alphabet, numerals, three-dimensional signs, combination of colours, sounds, etc., as well as the combination of such signs.
Registered trademarks shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person. trademarks mean signs which are controlled by organizations capable of supervising certain goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
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Information Required for Application
One application may cover more than one class. Each application must include the following documents:
- application form;
- one clear print of the trademark logo;
- list of goods and services;
- a copy of the certificate of the applicant’s identity (which may be the ID card or passport of individual applicant or the certificate of good standing or extract of commercial register of the company).
Term of Protection and Renewal
A registration is valid for ten years starting from the date of registration and can be renewed indefinitely, each time for ten years.
Renewal applications shall be made within twelve months before the expiration date or, subject to payment of an additional fee, within six months after the expiration date. Each renewal application shall include an application for renewal of trademark registration, a Power of Attorney and a copy of the certificate of the applicant’s identity which may be the ID card or passport of individual applicant or the certificate of good standing or extract of commercial register of the company.
Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512 or 86-755-82143181 or emailing to 2355735242@qq.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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