The brief introduction on the registration process of trademark in China
Bridge IP Law Commentary is frequently asked to introduce the process of the trademark application in China and the time it may take. Actually, the trademark registration is a harsh job here 5 years ago, for the administrative examination and approval could take as long as 3 years due to the imbalance between the rocketing applicaton amount and the low efficiencty of the trademark office in China. Luckily, it has been greatly improved, and 10 months is enough for going through the process. Today, Bridge IP Law Commentary will introduce you the standard process of the China trademark registration:
- The retrieval and the report. The trademark agency affiliated to us will make relevant retrieval and thereby draft a written report basing on the name and the scope of the trademark for registration provided by the client. Bridege IP Law Commentary thinks the retrieval is essential to the registration for it could reduce the risk of rejection and save the time of later works. And it’s for the applicant;s full discretion to choose the retrieval.
- According to the report prepared, Bridge IP Law Commentary will assist the application in the determination of the registration classes, and the application to the P.R.C Trademark Office, the institution in charge of examination and approval of trademark registration.
- In accordance with the Trademark Law of the People’s Republic China (hereinafter refers to the Trademark Law) and other relevant laws and regulations, it usually takes about one to two years for trademark registration, and the detailed process is as follows:
1) The formal review. The P.R.C Trademark Office will review the materials application material and the qualification of the applicant, and only those applications meeting the legal standard could get to the preliminary examination, otherwise the application will be rejected.
2) The preliminary examination. The P.R.C Trademark Office shall approve the trademark and make the publication for 3 months when the trademark could meet the standards regulated in the Trademark Law. And the office shall issue the certificate of the trademark registration shall there were no opposition during the publication.
3) The review. The review is involved in two situations and will cost 1- 3 years.
First, the application is rejected in the preliminary examination, and once the applicant is not satisfied with such refusal, it or he may within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review.
Second, where an opposition is filed against the trademark that has, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verification, make a decision. Where any party is dissatisfied, it or he may within fifteen days from receipt of the notification, apply for a reexamination.
4) Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board within thirty days from the date of receipt of the notice, may institute legal proceedings in the People’s Court.
Author: Ms. Chen Danhong
Attorney-at-law of DeBund Law Offices
Co-author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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