Malaysia Hotline: +603- 2141 8908
Shenzhen
Luohu trademark registration, also called Shenzhen Luohu trademark application,
brand registration. Any foreigner or foreign enterprise intending to apply for
trademark registration in Shenzhen Luohu should file an application in
accordance with relevant agreements concluded between the country (or region)
to which the applicant belongs and China, or according to relevant
international treaties to which both countries (or region) are parties, or on
the basis of the principle of reciprocity.
Points
to Note in Application for China Trademark Registration
In
applying for trademark registration, the class and description of the goods
should be put in the application form according to the prescribed
classification system. Currently, China adopts the International Classification
System, which classifies goods and services into 34 categories and 11
categories respectively. Where an applicant intends to register the same
trademark for goods in different classes, a separate application for
registration should be filed in respect of each class of the prescribed
classification of goods.
Where a
registered trademark is to be used in respect of other goods of the same class,
a new application for registration should be filed. Where any design of a
registered trademark is to be altered, a new registration should be applied
for. Where, after the registration of a trademark, the name, address or other
matters concerning the registrant change, an application regarding the change
should be filed.
Procedures
for China Trademark Registration and Documents Required
In
applying for trademark registration, the following documents should be
submitted to the relevant authorities: Application for Trademark Registration,
power of attorney, five copies of the reproductions of the trademark (if colour
is claimed, five copies of the colour reproductions of the trademark), one copy
of the black and white design thereof, and identification documents. The
reproductions of the trademark must be clear and easy to be pasted up and
should be printed on smooth and clear durable paper or substituted by
photographs, the length and width of which should be less than 10 cm but more
than 5 cm each.
When a
foreigner or foreign enterprise applies for trademark registration, the Chinese
language should be used (any document in a foreign language should be
accompanied by a Chinese translation).Nationals of the States Parties to the
Paris Convention, who after filing an application for registration of a
trademark in any other State Party, file another application for registration
of the same trademark for the same product in China, may claim priority within
six months after the first filing and submit priority documents. The date of
the first application for registration of the trademark filed in another State
Party to the Paris Convention shall be regarded as the application date in
China.
Right
of Priority in China Trademark Registration Application
Where an
applicant, within six months from the date of his first-time application for
registration of a trademark in a foreign country, applies for registration of
the same trademark for goods in the same class in China, s/he may enjoy the
right of priority in accordance with any relevant agreement entered into
between that country and China or any relevant international treaties to which
both countries are parties, or on the basis of the principle of reciprocity.
Application
for Change of Details of Registered Trademark
To
change the name, address or other registered particulars of a trademark
registrant, an application for change should be filed with the Trademark
Office. Upon granting approval, the Trademark Office will issue a certificate
to the registrant and announce the change; for rejected cases, the Trademark
Office will notify the applicant in writing, stating the grounds for
rejection.To change the name of a trademark registrant, a document in support
of the change issued by the registration organisation should be submitted.
Where the name or address of a trademark registrant is to be changed, the
trademark registrant should make the same modification in respect of all his
registered trademarks.
Application
for Assignment of Registered Trademark and Transfer of Exclusive Right to Use a
Trademark
Where a
registered trademark is to be assigned, both the assignor and assignee should
submit an Application for Assignment of Registered Trademark to the Trademark
Office, while the application procedures are to be completed by the assignee.
Upon approval granted by the Trademark Office, a certificate to that effect
will be issued to the assignee and the assignment will be announced. When
assigning a registered trademark, the trademark registrant should assign
simultaneously the same or similar trademarks registered by him for the same or
similar goods.
Validity
Period and Renewal of Registered Trademark
The
period of validity of a registered trademark is 10 years, counted from the date
of approval of the registration. For renewal, the period of validity of each
renewal is 10 years, counted from the day immediately following the expiration
of the preceding validity period. Where the registrant intends to continue to
use the registered trademark beyond the expiration of the validity period, an
application for renewal should be made within six months before the said
expiration. If no application is filed within this period, a grace period of
six months may be granted. If no application is filed at the expiration of the
grace period, the registered trademark will be cancelled.
Authorized
Use of Registered Trademark
A
trademark registrant may, by signing a trademark licensing contract, authorise
other persons to use his registered trademark within a certain time period and
a certain geographic area. The licensor should file a copy of the trademark
licensing contract with the Trademark Office for the record within three months
from the signing of the contract. Parties authorised to use the registered
trademark of others must show the name of the licensee and the place of
production of the goods on the goods using the licensed trademark and must
guarantee the quality of the goods in respect of which the registered trademark
is used.
Re-issuance
of Certificate of Trademark Registration
Where a
Certificate of Trademark Registration is lost or damaged, it is necessary to
apply for re-issuance of the certificate and the registrant should submit an
Application for Re-issuance of Certificate of Trademark Registration and five
copies of the reproductions of the registered trademark to the Trademark
Office. Where the Certificate of Trademark Registration is lost, a declaration
should be published in the Trademark Gazette. Where the certificate is damaged,
it should be returned to the Trademark Office.
Protection
of Well-known Trademark
The
Trademark Office under SAIC is responsible for endorsing and managing
well-known trademarks. A trademark registrant seeking protection for his
well-known trademark should file an application with the Trademark Office. Upon
endorsement, the Trademark Office will notify the applicant and publish the
relevant information. For trademarks endorsed by the Trademark Office as
well-known, no application for renewal of endorsement is necessary within three
years after endorsement.
If any
person uses a trademark that is identical with or similar to the well-known
trademark of another person on goods of a different class, insinuating that the
goods are in some way associated with the registrant of the well-known trademark
thereby causing possible damage to the registrant, the registrant of the
well-known trademark may make a request, within two years from the date on
which s/he obtains or should have obtained knowledge of such acts, to SAIC to
stop such acts.
Contact
us
If
you have further queries, please contact Tannet
24
hours Malaysia hotline：603-21418908;
24
hours Hong Kong hotline：852-27837818;
24
hours Hong Kong hotline：86-755-
36990589;
Email:
mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my