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Frequently Asked Questions Trademarks
What's a Trademark under Chinese Trademark Law?
The term "trademark" used in the Chinese trademark law refers to marks used on goods and for services. Registrable marks are any visually perceptible signs capable of distinguishing the goods or services, including words, devices, letters of an alphabet, numerals, three-dimensional signs, combinations of colours 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.
How is a Trademark Registered in China?
China adopts the International Classification of Goods and Services formulated pursuant to the Nice Convention on November 1, 1988. Designated goods/services for a trademark application should be clear. One trademark application in China can only cover one international classification of goods/services. Each trademark application for registration is examined as to the formality and substance. Examination to the formality will include the correctness of document and classification. Examination to the substance will include the registrability of the mark and possible conflict with prior rights. A trade mark will become registered if within the period of three months following its publication there is no opposition filed against its registration, or the opposition filed is decided not justifiable. A registration is valid for ten years starting from the date of registration and can be renewed indefinitely, each time for ten years.
What are the documents and information required for an application for a trademark registration in China?
It is important to note that each application shall cover only one trademark in one class. Each application must include the following documents:

Application form;
Power of Attorney, signed by the applicant. Notarization and legalization of the Power of Attorney is not required;
Five prints of the label, not exceeding 10cm or being less than 5cm in length and breadth. If the mark is in color, one black and white label shall be submitted in addition to the five color prints;
Priority document, if priority is claimed.
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Any one can, within three months from the date of publication, oppose against a preliminarily approved trademark. The Trademark Office shall make a written decision, which can be appealed to the Trademark Review and Adjudication Board if any party is not satisfied with the decision.  If any party is not satisfied with the decision made by the Trademark Review and Adjudication Board, he may institute a legal action in court within 30 days from receipt of the notification.
Intellectual Property Rights Protection in Hong Kong
The Government of the Hong Kong Special Administrative Region (SAR) attaches great weight to the contribution that the creation of intellectual property makes to the economy. To underline the commitment of intellectual property protection, the Hong Kong government established the Intellectual Property Office in July 1990. The Hong Kong Intellectual Property Office is responsible for advising the Secretary for Commerce and Economic Development on policies and legislation to protect intellectual property in Hong Kong SAR; for operating the Hong Kong SAR's Trade Marks, Patents, Registered Designs and Copyright Licensing Bodies Registries, and for promoting intellectual property protection through public education.
 
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FAQs TRADEMARKs

What's a Trademark under Chinese Trademark Law?

How is a Trademark  Registered in China?

What are the documents and information required for an application for a trademark registration in China?
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Intellectual Property Rights Protection in Hong Kong

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