Malaysia Hotline: +603- 2141 8908
Do you
know that Trademark registration in China is very strict "first to
file". This means that the first company to apply for a trademark
registration, whether that company is Chinese or foreign, will obtain
registration and can prevent others from using the trademark. We are all aware
of the saying that "Prevention is better than cure", therefore
companies should have dedicated personnel or plan in place to ensure that the
key trademarks are registered in China as long as the China market becomes
relevant to the business.
However, the China trademark applied for being
published or refused depends on whether it is identical with or similar to the
trademark of another registered who enjoys priory in respect of the same or
similar goods, where it is identical with or similar to the trademark of
another registered which, in respect of the same or similar goods, has been
registered or, after examination, preliminary approved, the China Trademark
Office shall refuse the application and shall not publish.
Applications for trademarks should be filed with the
China Trademark Office (CTO) through a recognised agent. The
China Trademark Law adopts the principle of “first application” and
theoretically grants the exclusive right to the first applicable physical
trademark, which may cause issues where someone else pre-emptively registers a
trademark before you would be able to do so.
A．Document Required of China Trademark Registration:
1. Trademark logo (JPEG or
PDF format) and trademark words.
2. The goods and services
that will be associated with your trademark.
3. Business Registration
(BR) or ID cards of trademark owner.
4. Contact (including
telephone, fax, and email).
B. China
Trademark Registration Process:
1. Provide the trademark
logo & words.
2. To search the
trademark in the database of the Trademark Office, and make suggestions
accordingly with our analysis about registration probabilities.
3. Send the trademark
registration & invoice letter, if the report shows the trademark can be
registered. Send the reason & advice letter if the trademark can’t be
registered.
4. Confirm the trademark
registration, sign an entrustment agreement and power of attorney for Trademark
application, and pay the bill.
5. Prepare trademark application
form and submit the application in two working days.
6. Submit the application
documents to the Trademark Office.
7. A Trademark Acceptance
Notice will be received in about three months upon submission of the
application.
8.
An announcement will
be made for the trademark in about two years upon submission of application for
a term of approximately three months.
9. The trademark will be granted if no
opposition is received during the announcement period.
10. The trademark will be approved if no
opposition is received during the announcement period.
The above is to give applicants a better understanding of the relevant information on the registration of China trademarks and the materials needed for preparation. The Intellectual Property Department of Tannet Group aims to carry out intellectual property agency services such as patent application, copyright registration, copyright registration, and foreign trademark application. Under the guidance of the China Intellectual Property Protection Center, we will further promote intellectual property services at local and abroad, and providing applicants with convenient and fast service channels.
For more information on the requirements for trademark registration, please feel free to call the Tannet Service Hotline: Tel: +603-21418908, Tannet Malaysia Website: www.tannet.com.my/ en.tannet.com.my, E-mail: mytannet@gmail.com.