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Points to Note in Application for China Trademark Registration

Update Date:2016-1-28 9:34:48 Source:BeiJing Tannet Views:1284
China trademark registration, also called China trademark application, brand registration. Any foreigner or foreign enterprise intending to apply for trademark 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.
China Trademark Registration Office
The Trademark Office under the State Administration for Industry and Commerce (SAIC) is the government authority for the registration of trademarks in China. The Trademark Management Office under SAIC is the administrative arm responsible for managing all trademark-related matters, while Trademark Affairs Offices set up in various major cities are trademark agents designated by the state and under the supervision of SAIC. The Trademark Review and Adjudication Board, also under SAIC, is responsible for handling disputes related to trademarks. Provincial-level administration offices for industry and commerce handle matters concerning trademarks under their jurisdiction, such as protecting the exclusive right to use registered trademarks and investigating acts of trademark infringement.

Points to Note in Application for China Trademark Registration
1) In applying for trademark 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.

2) Where an applicant intends to register the same trademark for goods in different classes, a separate application for registration should be filed in respect of each class of the prescribed classification of goods.

3) Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration should be filed.

4) Where any design of a registered trademark is to be altered, a new registration should be applied for.

5) Where, after the registration of a trademark, the name, address or other matters concerning the registrant change, an application regarding the change should be filed.

6) A geographical indication may be the subject of an application for registration as a certification mark and a collective mark.
Once a well-known trademark has been endorsed, SAIC will not approve the use of any word or device that is identical with or similar to the said well-known trademark by any person as part of the name of an enterprise which may mislead the public. For well-known trademarks that have been registered, the registrant may, within two years from the date on which s/he obtains or should have obtained knowledge of such acts, request SAIC to cancel it.

Many foreigners many turn to the trademark agents for trademark registration in China. Foreign enterprises wishing to do the same should appoint agents designated by the state to handle trademark registration for foreign parties. ATAHK Intellectual property service centre provide China trademark registration, Hong Kong trademark registration, China patent registration, Hong Kong patent registration etc.

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