China Professional Intellectual Property Solutions Provider  
Q1 - What kinds of trademarks can be registered in China?

Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, or colors used as distinguishing features.

At present, audible signs such as music or vocal sounds, fragrances are not acceptable in China. However,Collective marks and Certification marks can be also registered.


Q2 - Do you condcuct trademark searches before filing?

It is recommended to conduct a Trademark availability search prior to filing a trademark application. We can conduct identical and similar searches on the Chinese and WIPO databases to know if there is an identical/similar trademark(s) already filed/registered which may oppose your registration

A search report will be provided to the applicant with Fondit's short opinion on the registrability. Our opinion does not purport to guarantee that no problems will arise, and this explanation is therefore intended to provide a picture of the business risks entailed when adopting and using a new mark

All computer- aided searches from our own database will be conducted for free. A trademark search usually takes 10 minutes (words and numbers) to one working day (devices) - languages except Chinese and Latin will be considered as devices, e.g. Korean and Arabic. Company names, industrial designs, copyrights and domain names aren't included in the database.


Q3 - What are the documents required for filing one application?

# Full name, address, nationality and nature of the business of the applicant; country/state of incorporation
# 10 prints or label or one electronic one in JPG or GIF form. Trademark name or description of trademark; translation or transliteration of the Non-English word appearing on the mark; exact meaning of the mark, if any in the foreign language other than the English and Chinese language
# List of goods/services covered by the mark(s) strictly according to the Nice international classification 9th edition (class 1 to 45)
#Power of Attorney simply signed by the director (No legalization or notarization required)
# Whether the mark is to be filed in black and white and/or in color or in different variations which may constitute a series
# Whether the application is new or based on a Priority Application; If based on a Priority Application, give date and country of filing and application number


Q4 - How long will the publication take??

After the mark is published in the Official Gazette, any party who believes it may be damaged by registration of the mark has three months(90 days) from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.


Q5 - How long will it take to complete one registration?

The registration process takes approximately 12-18 months from the date of filing to the date of completion for a smooth case, namely, no official rejection or opposition arises. Accelerated Examination is not available in China.


Q6 - Must I use the mark after I get registration certificate?

No actual use is required for the registration, however mark that was not in use(since the registratin date) for 3 consecutive years can be canceled. Reristrant should keep evidence of use in case being aksed for provide such.




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