Knowing how to trademark a name is important to your business. Registering a trademark for your company name is a pretty simple process. Compared to other aspects of starting a business, such as securing financing or paying your small business taxes, trademarking a name is a breeze.
A trademark is a symbol, word, or phrase that represents a product or a service. If someone else tries to use it, you have the right to take legal action to protect it. In order to obtain a trademark, you must come up with a unique mark that isn't already in use, then file an application and pay the filing fee. If your application is approved, you'll be free to use your trademark in commerce.
I. Early Registration Is Important
Unlike registering a trademark in the United States, registering a trademark in China holds some interesting distinctions. One of which is that China is a First to File country, while the U.S. is a First in Time, First in Right country.
Chinese trademark law operates on a First to File system. That means that whomever first FILES a particular trademark in a particular category gets the rights. Conversely, U.S. trademark law awards rights to whomever first USES a particular trademark in a particular region.
II. Types of Trademarks Can Be Registered
(1 ) Words;
(2 ) Designs;
(3 ) Numerals;
(4 ) Letters of the alphabet;
(5 ) Combinations of colors;
(6 ) Three-dimensional symbols.
NOTE: Avoid the names of cities, countries and Chinese presidents.
III. Minimum Filing Requirements
For obtainment of the date of filing, your trademark application should contain:
A representation of the trademark;
A list of goods and services;
The applicant (s) details;
Power of Attorney (Note: The signed Power of Attorney is sufficient. The copy of the form should be provided simultaneously with the filing of the trademark application in China).
Your trademark registration provided to the CTO should also contain:
A copy of your company's certificate of incorporation;
A company name and address (both in English and Chinese);
A Signature by your company's director (or the applicant);
A printed or digital version of the proposed trademark;
A category of the proposed trad mark (can choose 10 subcategories).
IV. Steps of Application Preparation
1. Check the availability of your candidate.
2. Prepare all documents and application forms.
3. Sign all forms, before submitting to CTO.
4. A formality check is conducted by the SAIC.
(State Administration of Industry & Commerce of the People's Republic of China).
5. A notice of first approval is delivered by the SAIC.
6. A substantive examination of your chosen candidate is conducted.
7. The CTO formally approves and publishes the trademark.
8. You receive the approval certificate by postal mail.
Contact Us
If you have further inquires, 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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