We are recently consulted for the trademark record in China custom house, therefore we would repost the essay on the issue today.
Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.
As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.
The customhouse could be an effective sniper point against those knockoffs, and currently China has promulgated comprehensive laws and regulations in this aspect, among which the Intellectual Property Custom Protection Regulation (the Regulation) plays the fundamental role in the cooperation between trademark owner and the customhouse in combating IPR infringement. And foreign investors could get access to such cooperation through qualified agencies in China, today Bridge IP Law Commentary will introduce you the how to apply for the trademark record in China customhouse.
I. The procedure in customhouse and the approval period.
For the procedure, it first demands the written application to the General Administration of the Custom of PRC, with the detailed information of the right owner, registered trademark, genuine product and the detected infringing product, etc. Moreover, the applicant shall also submit the documents and evidences demanded by the custom, including the identity document, right documents, the photos of the genuine products and its wrap, and the infringement evidence. By the Regulation, the custom shall make the decision on the record or refuse the application in 30 days, and issue a certificate when recording the trademark.
II. The effective period
The effective period of the record is regulated as 10 years from the approval day, while the legal protection period of the registered trademark is only 10 years from the registration day, for this reason the record period shall be the protection period.
III. The application on the detainment of the suspicious knockoffs
After the record in the custom, the trademark owner is entitled to apply for the detainment of the suspicious infringing products to the custom in the export place. For this application, the trademark owner shall present the required written application and the evidence of the infringement. By the Regulation, the applicant shall also provide the guaranty with the value of no more than that of the detained product and pay the fees related. One thing shall be noticeable that once there issued no notice from the court for the assistance on the detainment or the shiper or consignee of the detained product provided the guaranty with the same value of the detained product within 20 working days after the detainment, then the custom shall release the product.
IV. The disposal of the suspicious knockoffs
On detecting the suspected knockoffs, the custom in the exporting or importing place shall immediately notice the legal owner for the detainment application as well as the guaranty. And in such situation, the custom shall investigate the infringement within 30 days, and once the infringement could not be determined after the investigation, the custom shall notice the legal owner. After that, the custom shall release the detained product shall no notice on enforcement assistance were issued from the court within 20 working days.
At last, Bridge IP Law Commentary would like to remind you that the trademark shall first be registered before the record, as to the trademark registration you may refer to our past post. And the trademark agency company affiliated to our website could provide the service of trademark record and registration application in China.
Other recommended posts on our website:
1. The Actual Term of Trademark Registration in China
2. How to Apply for the Trademark Record in China Custom
3. How to improve the success rate of trademark registration in China?
4. Matters for Attention in Trademark Refusal Review in China
5. Introduction of China’s Legal System of Trademark Renewal
6. Introduction on the Regulations concerning the Capital Contribution in IPR or Domain Name in China
7. The Copyright Registration in China Could Be FREE?
8. China Copyright Protection Term Longer than EU’s?
9. Matters for Attention in the Patent Preliminary Injunction Application in China(I)
For further information, please contact the lawyer as listed above or through the methods in our CONTACTS.
Bridge IP Law Commentary’s posts, including the comments and opinions contained herein, shall not be construed as the legal advice on any issues related. The contents are for general information purposes only. Anyone willing to quote or refer the posts to any other publications or for any other purposes, no matter there’s benefits gained or not, shall first get the written consent from Bridge IP Law Commentary and used under the discretion of us. As to the application of the reprint permission for any of our posts, please email us to the above addresses. The publication of this post or transmission of it through mail, internet or other methods does not constitute an attorney-client relationship. The views set forth here are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works.