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CHINA TRADEMARK REGISTRATION (2)
Chinese Trademark Renewal
General
Information
The protection term for a registered trademark China is ten (10)
years, calculated from the registration date. The protection
term can be renewed.
Application for renewal of registered trademark shall be
filed with the Chinese Trademark Office within 6 months before
the expiration of the period of validity.
If no application is filed within said period, a grace period
of 6 months is allowed with a payment of surcharge. If there
is still no renewal application filed within the grace period,
the registration will be canceled.
Upon approval, the Trademark Office will issue relevant certificate
to the trademark registrant.
Requirements on Application for Renewing a Chinese Trademark
1) instruction letter, stating the requirements regarding
the renewal.
2) the registration number.
3) a copy of registration certificate for our verification.
4) 8 copies of trademark reproduction.
5) Power of Attorney, executed by the trademark registrant.
Chinese Trademark Assignment
General Information
For recordation of the assignment of registered trademark,
an application should be filed by both the assignor and assignee.
The assignee should proceed with the assignment procedures.
The Chinese Trademark Office requires that a trademark registrant
assign all of its/his/her identical or similar registered
trademarks on identical or similar goods/services at the same
time.
Upon approval, the Trademark Office will issue relevant
certificates to the assignor and assignee.
Requirements on Application for Assignment of Registered
Trademark
1) Instruction letter, stating the name and address of the
assignee, preferably with Chinese versions.
2) the registration number.
3) a copy of registration certificate for our verification.
4) Power of Attorney, executed by the assignee.
5) Application form for the recordal of the assignment of
the registered trademark, executed by both the assignor and
the assignee.
6) Where the designated goods of the assigned trademark registration
is for medicine for human use, baby foods, or dietetic products
for medical use, copies of assignee's manufacture and sales
licenses shall be submitted.
Chinese Trademark Bibliographic Change
General Information
When there is a need to change the name or address of the
applicant or other items of a trademark registration, the
trademark registrant should file a request for change.
The China Trademark Office requires that the trademark registrant
proceed with the change(s) in respect of all of its/his trademarks
registered in the P. R. China.
Upon approval, the China Trademark Office will issue relevant
certificates to the trademark registrant.
Requirements on Application for Change of Name/Address
of Trademark Registrant or other Matters of Trademark
1) Instruction letter, stating the name and address of the
trademark registrant before and after the change, preferably
with Chinese versions as well.
2) the registration number.
3) a copy of registration certificate for our verification.
4) Supporting materials for the change of name of registrant.
5) Power of Attorney, executed by the registrant.
Reissuance of Certificate
General Information
Where the trademark registrant has had its/his/her trademark
registration certificate damaged or lost, an application may
be filed with the Chinese Trademark Office for reissuance
of a trademark registration certificate.
Upon approval, the Trademark Office will reissue a new trademark
registration certificate with the reissuing date indicated.
Requirements on Application for Reissuance of Trademark
Registration Certificate
1) Instruction letter, stating the name of the trademark,
registration number, international class, names of goods,
registrant, etc.
2) Copy of Trademark Registration Certification, or the damaged
trademark registration certification, if there is.
3) Power of Attorney, executed by the registrant.
4) 8 trademark reproductions.
Registration Certificate
General Information
If a registrant needs certifications on trademark registration
to prove the effectiveness of the trademark registration in
China, he/she/it may file an Application for Providing Certification
on Registration of Trademark with the China Trademark Office.
Upon approval, the China Trademark Office will issue relevant
certifications to the trademark registrant.
Requirements on entrusting us to
proceed with the Application Providing Certification on Registration
of Trademark
1) Power of Attorney: executed by the registrant.
2) The registration number.
3) A copy of registration certificate for our verification.
4) 2 copies of trademark reproduction.
Recordal of Trademark Licence
General Information
Where trademark registrant through execution of contract
to allow the others to use its registered trademarks, it is
called trademark license. Once a trademark license contract
is signed, the licenser should, within 3 months from the conclusion
of the contract, record same at the Trademark Office.
Where the licenser or licensee is an enterprise registered
in China (e.g., solely invested with foreign founds or a joint
venture), it should, within 3 months from the conclusion of
the contract, submit a copy of the contract to the administrative
authority for industry and Commerce at the county level of
their locations for reference.
Upon approval, the China Trademark Office will give the
Notification on Recordal of Trademark License Agreement and
publish same.
Requirements on Entrusting an Application
for Recordal of Trademark License
1) Instruction letter, stating the name and address of the
licensee, preferably with Chinese versions
2) Copy of Trademark Registration Certificate.
3) Trademark Licence Agreement, original (or notarized), which
shall indicate the period of validity (with specific dates)
of license. The name of the licensor shall be identical with
the name of the registrant on the registration certificate.
4) Chinese version of the Trademark Licence Agreement (We
can undertake the translation).
5) Recordal Form of the Trademark Licence Agreement, original,
executed by both the licensor and licensee.
6) Power of Attorney, original, executed by the licensor.
7) Two copies of trademark reproduction.
8) Where the designated goods of the licensed trademark are
human medicine, baby foods, or dietetic products, copies of
licensee's manufacture and sales licenses shall be submitted.
Notes
Necessary information and classes for a recordable trademark
license contract:
1) the name and address of the licensor and the licensee
2) registration number
3) licensed goods/service: with the registered scope
4) licensed term: with the registration period
See also:
China trademart registration procedures and costs
Requirements on Application for Registering
a Trademark in China
Opposition, Review Procedure in the
Trademark Review and Adjudication Board, Cancellation on the
Basis of Improper Registration
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