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 Frequently Asked Questions — Trademarks |
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What's a Trademark
under Chinese Trademark Law? |
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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. |
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How is a Trademark Registered in
China? |
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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. |
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What are the documents and
information required for an application for a trademark
registration in China? |
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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. |
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Who can file an opposition against a
trademark that has been preliminarily approved and published in
Chinese Trademark Gazette? |
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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. |
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Intellectual Property Rights
Protection in Hong Kong |
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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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