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GUIDE TO THE SPECIFIC REQUIREMENTS FOR FILING TRADE MARK APPLICATION IN USA, CANADA, JAPAN, AND/OR IN HONG KONG etc.
Currently, China Intellectual Property Agency (H.K.) has established cooperation in Intellectual Property field with many patent and trademark service-related firms all around the world. 

Our attorneys or agents are committed to helping establish, maintain and protect our clients' Intellectual Property rights by providing the expertise to reach practical and cost-effective solutions,regularly preparing and filing national trademark applications in the corresponding trademark receiving office in foreign countries or regions including the United States of America, Canada, Hong Kong, or Japan ,etc. thus enabling our clients to obtain global protection of their marks.

 
Contact us to file a Hong Kong Trademark
To underline the commitment of intellectual property protection, The Government of the Hong Kong Special Administrative Region (SAR) established the Intellectual Property Department on 2 July 1990. Registration of trademark in the Hong Kong SAR is governed by the Trademarks Ordinance and Rules(Cap. 559 and 559A) (effective 4 April, 2003). Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered.

If other traders use it in Hong Kong, China in relation to the same or similar goods or services without your consent, they may be liable for infringement of your trademark and you may take legal action. If you do not register your trademark, you may still use it but it is harder to prove that you are the “owner” of the mark and as such your protection is limited.

Contact us to file a U.S.A Trademark
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. 

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. 

The application should include your "basis" for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.

For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark.
Contact us to file a Canada Trademark
A trade-mark is a word, symbol or design, or a combination of these, used to distinguish the goods or services of one person or organization from those of others in the marketplace.

There are three basic types. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific firm. Certification marks identify goods or services that meet a standard set by a governing organization. Distinguishing guise identifies the shaping of wares or their containers, or a mode of wrapping or packaging wares. 
Companies, individuals, partnerships, trade unions or lawful associations, provided they meet the requirements of the Trade-marks Act can register a trade-mark. A registration is valid for 15 years and is renewable every 15 years thereafter upon payment of a fee.

Trade-mark registration usually involves: 

a preliminary search (done by you or your agent) of existing trade-marks; 

an application; 

examination of your application by the Trade-marks Office; 

publishing of the application in the Trade-marks Journal; 

time for opposition (challenges) to the application; and 

allowance and registration (if there is no opposition). 

Contact us to file a Japan Trademark
Any person desiring trademark registration is required to submit a request to the Commissioner of the Patent Office stating the following. 

the name and residence of the applicant and, in case of a legal entity, the name of an officer entitled to represent the applicant;

the trademark for which registration is sought;

the designated goods or designated services and the class of goods or services as prescribed by Cabinet Order Registration of Marks. 

The term of a trademark right shall expire 10 years from the date of registration of its establishment. The term of a trademark right shall be renewed by a request for registration of renewal.

A request for registration of renewal must be made within six months prior to the date of expiration of the term. However, if the owner of a trademark right is unable to make a request within the time limit, he/she can make such a request belatedly within six months from the expiration of that time limit if he/she pays the surcharge registration fee.

   

 

   

FAQs — PATENTs

What's Intellectual Property?

What's a Patent under Chinese Patent Law?

How is a  Patent for Invention/Utility Model/Industrial Design Granted in China?

What Are Requirements for Filing a Patent Application in China?

How to Filing PCT Application for National Phase into China within 30 months?

Learn More...

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

Learn More...

Now Click Here to contact our Chinese specialized patent attorneys and trademark  professionals for your intellectual property issues in China

 

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