Procedure - Chinese procedures | DHC IP Attorneys

Procedure - Chinese procedures

1. Filing
Necessary documents:
(1) Information sheet (download) with the applicant’ s name & address in English, the Chinese translation or transliteration of the mark, designated good/services and the int’l class, the priority date, number and the country in which the application was filed, if priority is claimed.
(2) Certified priority document in case that the applicant claims that the right of priority. It may be filed within 3 months from the filing date.
(3) The mark specimen (10 pieces). The length and width of the specimen shall be more than 5 cm but less than 10cm each.
(4) Brief description of the mark;
If the mark is the combination of colors, a statement with brief description shall be made.
If the mark is a three-dimensional sign, a statement with brief description shall be made, and a reproduction thereof shall be submitted by which the three-dimensional shape can be determined.
(5) Power of Attorney; It may be filed within two month of the Chinese filing date.

2. Additional requirements for collective mark
The qualification certificate of the subject (e.g. business license) and the management rule of usage
3. Additional requirements for certification mark
(1) The qualification certificate of the subject (e.g. business license)
(2) The management rule of usage
(3) Certificate issued by the competent authority to prove that the applicant is qualified for examining and supervising the special quality of goods/services.

4. Preliminary Examination
The preliminary examination is to check whether the application contains sufficient and proper documents and information required by the trademark law. If the application contains some formal defects (e.g. nonstandard goods or services, unclear trademark specimen, etc), a notification of correction will be issued inviting the applicant to correct the defects within specific time limit.

5. Substantive Examination
It usually takes 1 year for the examiner to complete substantive examination, and the examiner may request the applicant to amend some substantive defects.

6. Application for Review on Refusal (dispensable procedure)
If receiving the Refusal Notification, the applicant could file the application for Review On Refusal with the Chinese Trademark Review and Adjudication Board. Further dissatisfied with the decision issued by CTRAB, the applicant may start with the proceedings in the court.

7. Preliminary Publication
From the preliminary publication date, anyone has the right to file the opposition within the following three months.

8. Responding to the Opposition (dispensable procedure)
The applicant needs to respond to the opposition within 30 days from receiving the Application for Opposition transferred by CTMO.

9. Obtaining the Certificate of Trademark Registration
It usually takes 30 months to obtain a certificate if no adverse examination opinion is issued. The validity period of a registration is 10 years from the registration date.
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