Nanchang Trademark Application Service
Hotline: 86-755-82143348/86-13823131503 Email: anitayao@citilinkia.com
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Specific Requirements on Application for Trademark in Nanchang - General Information About Requirements
The Chinese Trademark Office accepts trademark applications for registration on goods as well as on services; applications for registration of certificate marks and collective marks are also accepted.
The trademark can be letters, designs or a combination of both. Shapes of goods, sounds and scent are not registrable.
The Chinese Trademark Office adopts the International Classification of Goods and Services, and multi-class application is still not applicable, one application can only for one mark in one class. The descriptions of the goods/services should be concrete.
Examination is based on absolute ground and relative ground. Before registration, there is a period of three (3) months for public opposition purpose.
The protection term for a registered trademark is ten (10) years, calculated from the registration date. The protection term can be renewed every ten years.
Specific Requirements on Application for Registering a Trademark in Nanchang
1. Instruction Letter, indicating:
(1) the trademark
(2) the international class(es), and the concrete goods/services corresponding to each class
(3) the name and the address of the applicant
(4) When priority is claimed, the priority application date/number/country shall be provided.
2. Trademark Reproduction
(1) 15 trademark reproductions in black and white for one trademark in one class shall be provided.
(2) If color is to be protected, 15 colored and 2 in black and white trademark reproductions.
(3) The reproductions shall be clear, and sized between 5 cm x 5 cm and 10 cm x 10 cm.
3. Power of Attorney
(1) One trademark registration application requires one power of attorney. The applicant may use the form provided by us, which he only needs to apply his/its name and date thereto. Neither notarization nor legalization is necessary.
(2) The original power of attorney shall be submitted to the Chinese Trademark Office together with the filing documents. If time is pressing, a faxed copy may be submitted first, with the original to be supplemented as soon as possible.
4. Priority Document
(1) Where priority is claimed, information regarding the priority filing date, number and country shall be provided.
(2) Where priority is claimed, the name of the trademark, the goods/services, and the international class(es) in said application document shall not exceed the scope of the priority application.
(3) The priority document may be filed at a later date, but no later than 3 months from the date of filing the application.
5. Special Documents
(1) For applications of trademarks where the goods fall under class 5, i.e., involving human medicine, baby foods and dietetic products for medical use, the applicants shall provide copies of permits issued by the pertinent government departments concerned on the production and sales thereof. Said copies of permits shall be submitted together with the filing document, no late filing is allowed.
(2) Where personal pictures are taken as trademarks, notarized declarations signed by the person(s) shown in the pictures stating due agreement to have their portraits as trademarks.
6. Documents to Be Specially Submitted for Registration Applications for Certificate Marks
(1) Certificate qualifying the subject, notarized.
(2) The Administrative Regulations on Use of Certificate Mark stipulates:
*the object of using the certificate mark;
*the unique qualities and features of the goods/services using the certificate mark;
*conditions of using the certificate mark;
*procedures of using the certificate mark; and
*rights and obligations of using the certificate mark, and liabilities when violating the Regulations.
(3) Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said goods/services.
7. Documents to Be Specially Submitted for Registration Applications of Collective Marks
(1) Certificate qualifying the subject, notarized.
(2) The Administrative Regulations on Use of Collective Mark stipulates;
*the object of using the collective mark;
*members using the collective mark;
*the qualities of the goods/services;
*conditions of using the collective mark;
*procedures of using the collective mark;
*rights and obligations of members using the collective mark, and liabilities thereof when violating the Regulations.
Points to Note for Nanchang Trademark Application:
For the registration of trademarks, the P. R. China adopts the "First Filing Principle". When filing an application for registration, the applicant does not have to submit supporting materials on first use or intending to use.
The Chinese geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings shall be exclusive. While a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
Contact Us
For further queries, you are welcome to visit ATAHK website www.3737580.net or email to atahkhk@21cn.com / ata-cfmp@hotmail.com or contact any of the following branches, thank you.
HONGKONG TEL: 852-27837818 NANCHANG TEL: 86-791-88188098.
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