CHINA TRADEMARK

CHINA TRADEMARK REGISTRATION (2)

Chinese Trademark Renewal

General Information

The protection term for a registered trademark China is ten (10) years, calculated from the registration date. The protection term can be renewed.

Application for renewal of registered trademark shall be filed with the Chinese Trademark Office within 6 months before the expiration of the period of validity.

If no application is filed within said period, a grace period of 6 months is allowed with a payment of surcharge. If there is still no renewal application filed within the grace period, the registration will be canceled.

Upon approval, the Trademark Office will issue relevant certificate to the trademark registrant.

Requirements on Application for Renewing a Chinese Trademark

1) instruction letter, stating the requirements regarding the renewal.
2) the registration number.
3) a copy of registration certificate for our verification.
4) 8 copies of trademark reproduction.
5) Power of Attorney, executed by the trademark registrant.

Chinese Trademark Assignment

General Information

For recordation of the assignment of registered trademark, an application should be filed by both the assignor and assignee. The assignee should proceed with the assignment procedures.

The Chinese Trademark Office requires that a trademark registrant assign all of its/his/her identical or similar registered trademarks on identical or similar goods/services at the same time.

Upon approval, the Trademark Office will issue relevant certificates to the assignor and assignee.

Requirements on Application for Assignment of Registered Trademark

1) Instruction letter, stating the name and address of the assignee, preferably with Chinese versions.
2) the registration number.
3) a copy of registration certificate for our verification.
4) Power of Attorney, executed by the assignee.
5) Application form for the recordal of the assignment of the registered trademark, executed by both the assignor and the assignee.
6) Where the designated goods of the assigned trademark registration is for medicine for human use, baby foods, or dietetic products for medical use, copies of assignee's manufacture and sales licenses shall be submitted.

Chinese Trademark Bibliographic Change

General Information

When there is a need to change the name or address of the applicant or other items of a trademark registration, the trademark registrant should file a request for change.

The China Trademark Office requires that the trademark registrant proceed with the change(s) in respect of all of its/his trademarks registered in the P. R. China.

Upon approval, the China Trademark Office will issue relevant certificates to the trademark registrant.

Requirements on Application for Change of Name/Address of Trademark Registrant or other Matters of Trademark

1) Instruction letter, stating the name and address of the trademark registrant before and after the change, preferably with Chinese versions as well.
2) the registration number.
3) a copy of registration certificate for our verification.
4) Supporting materials for the change of name of registrant.
5) Power of Attorney, executed by the registrant.

Reissuance of Certificate

General Information

Where the trademark registrant has had its/his/her trademark registration certificate damaged or lost, an application may be filed with the Chinese Trademark Office for reissuance of a trademark registration certificate.

Upon approval, the Trademark Office will reissue a new trademark registration certificate with the reissuing date indicated.

Requirements on Application for Reissuance of Trademark Registration Certificate

1) Instruction letter, stating the name of the trademark, registration number, international class, names of goods, registrant, etc.
2) Copy of Trademark Registration Certification, or the damaged trademark registration certification, if there is.
3) Power of Attorney, executed by the registrant.
4) 8 trademark reproductions.

Registration Certificate

General Information

If a registrant needs certifications on trademark registration to prove the effectiveness of the trademark registration in China, he/she/it may file an Application for Providing Certification on Registration of Trademark with the China Trademark Office.

Upon approval, the China Trademark Office will issue relevant certifications to the trademark registrant.

Requirements on entrusting us to proceed with the Application Providing Certification on Registration of Trademark

1) Power of Attorney: executed by the registrant.
2) The registration number.
3) A copy of registration certificate for our verification.
4) 2 copies of trademark reproduction.

Recordal of Trademark Licence

General Information

Where trademark registrant through execution of contract to allow the others to use its registered trademarks, it is called trademark license. Once a trademark license contract is signed, the licenser should, within 3 months from the conclusion of the contract, record same at the Trademark Office.

Where the licenser or licensee is an enterprise registered in China (e.g., solely invested with foreign founds or a joint venture), it should, within 3 months from the conclusion of the contract, submit a copy of the contract to the administrative authority for industry and Commerce at the county level of their locations for reference.

Upon approval, the China Trademark Office will give the Notification on Recordal of Trademark License Agreement and publish same.

Requirements on Entrusting an Application for Recordal of Trademark License

1) Instruction letter, stating the name and address of the licensee, preferably with Chinese versions
2) Copy of Trademark Registration Certificate.
3) Trademark Licence Agreement, original (or notarized), which shall indicate the period of validity (with specific dates) of license. The name of the licensor shall be identical with the name of the registrant on the registration certificate.
4) Chinese version of the Trademark Licence Agreement (We can undertake the translation).
5) Recordal Form of the Trademark Licence Agreement, original, executed by both the licensor and licensee.
6) Power of Attorney, original, executed by the licensor.
7) Two copies of trademark reproduction.
8) Where the designated goods of the licensed trademark are human medicine, baby foods, or dietetic products, copies of licensee's manufacture and sales licenses shall be submitted.

Notes

Necessary information and classes for a recordable trademark license contract:
1) the name and address of the licensor and the licensee
2) registration number
3) licensed goods/service: with the registered scope
4) licensed term: with the registration period

See also:
China trademart registration procedures and costs
Requirements on Application for Registering a Trademark in China
Opposition, Review Procedure in the Trademark Review and Adjudication Board, Cancellation on the Basis of Improper Registration

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