Our practice covers full range of intellectual property protection representation services, including patents, trademarks, copyrights, unfair competition, trade secrets, as well as computer software, etc. as listed below:
* Patent Application Representation * Trademark Application Representation * Copyright (including Computer Software) Registration Representation * Customs IP Recordation and Protection Representation * Patent /Trademark Retrieval Search * Legal Consultation on IP Matters * IP Infringement Litigation, Investigation and Mediation Representatio * IP Licensing Representation Our maxim is providing "Services with high efficiency, high quality, high tempo, high credit and high prestige".
1. General Information The Chinese Trademark Office accepts trademark applications for registration on goods as well as on services; applications for registration of certificate marks and collective marks are also accepted. The trademark can be letters, designs or their combinations. Shapes of goods, sounds and scent are not registrable. The Chinese Trademark Office adopts the International Classification of Goods and Services, and multi-class application is still not applicable, one application can only for one mark in one class. The descriptions of the goods/services should be concrete. Examination is based on absolute ground and relative ground. Before registration, there is a period of three(3) months for public opposition purpose.. The protection term for a registered trademark is ten (10) years, calculated from the registration date. The protection term can be renewed every ten years.
2. Requirements on Application for Registering a Chinese Trademark ■Instruction Letter, indicating (1) the trademark (2) the international class(es), and the concrete goods/services corresponding to each class (3) the name and the address of the applicant, and same in Chinese if there are This is especially so for the applicant who has already registered a mark in China. It/He/She shall provide the Chinese name and address of the applicant who has applied for registration of a trademark in China. For those applicants who have more than one applied for registration of trademarks here in China, the names and addresses therefor shall be consistent throughout. (4) When priority is claimed, the priority application date/number/country shall be provided.
■Trademark Reproduction 15 trademark reproductions in black and white for one trademark in one class shall be provided. If color is to be protected, 15 colored and 2 in black and white trademark reproductions.The reproductions shall be clear, and sized between 5 cm x 5 cm and 10 cm x 10 cm .
■Power of Attorney One trademark registration application requires one power of attorney. The applicant may use the form provided by us, which he only needs to apply his/its name and date thereto. No notarization nor legalization is necessary. The original power of attorney shall be submitted to the Chinese Trademark Office together with the filing documents. If time is pressing, a faxed copy may be submitted first, with the original to be supplemented as soon as possible.
■Priority Document Where priority is claimed, information regarding the priority filing date, number and country shall be provided.Where priority is claimed, the name of the trademark, the goods/services, and the international class(Es) in said application document shall not exceed the scope of the priority application.The priority document may be filed at a later date, but no later than 3 months from the date of filing the application.
■Special Documents For applications of trademarks where the goods fall under class 5, i.e., involving human medicine, baby foods and dietetic products for medical use, the applicants shall provide copies of permits issued by the pertinent government departments concerned on the production and sales thereof. Said copies of permits shall be submitted together with the filing document, no late filing is allowed.Where personal pictures are taken as trademarks, notarized declarations signed by the person(s) shown in the pictures stating due agreement to have their portraits as trademarks.
■Documents to Be Specially Submitted for Registration Applications for Certificate Marks (1) Certificate qualifying the subject, notarized. (2) The Administrative Regulations on Use of Certificate Mark stipulates *the object of using the certificate mark *the unique qualities and features of the goods/services using the certificate mark *conditions of using the certificate mark *procedures of using the certificate mark *rights and obligations of using the certificate mark, and liabilities when violating the Regulations. (3) Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said goods/services.
■Documents to Be Specially Submitted for Registration Applications of Collective Marks (1) Certificate qualifying the subject, notarized. (2) The Administrative Regulations on Use of Collective Mark stipulates *the object of using the collective mark *members using the collective mark *the qualities of the goods/services *conditions of using the collective mark *procedures of using the collective mark *rights and obligations of members using the collective mark, and liabilities thereof when violating the Regulations.
■For the registration of trademarks, the P. R. China adopts the "First Filing Principle". When filing an application for registration, the applicant does not have to submit supporting materials on first use or intending to use.
■Article 8 of the Chinese Trademark Law stipulates the following words or designs cannot be used as trademarks (1) those identical with or similar to the State name, national flag, national emblem, military flag, or decoration, of the People's Republic of China (2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries (3) those identical with or similar to the flags, emblems or names, of international intergovernmental organizations (4) those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent (5) those relating to generic names or designs of the goods in respect of which the trademark is used (6) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used (7) those having the nature of discrimination against any nationality (8) those having the nature of exaggeration and fraud in advertising goods (9) those detrimental to socialist morals or customs, or having other unhealthy influences.
■The Chinese geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
■Where there are some designs or wordings in a trademark design that are not allowed to be registered (only referring to the designs or wordings falling under items (5) and (6) under Article 8 of the Chinese Trademark Law as mentioned above), and, further, these designs or wordings are so close as to be inseparable from the trademark as a whole, and the deletion thereof will bring about great impact thereto, the applicant may disclaim said design or wordings.
1. General Information ■Types of patent invention patent, utility model patent, and design patent.
■Examination procedures (1) Invention: acceptance, preliminary examination, publication, substantive examination and grant. (2) Utility model and design: acceptance, preliminary examination and grant. No earlier publication nor substantive examination.
■Patent terms (1) Invention: twenty (20) years from the date of filing. (2) Utility model or design: ten (10) years from the date of filing.
2. Requirements for Filing a Chinese Patent Application
■Instruction Letter, indicating (1) title of invention/utility model/design (2) type of patent application (3) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s) (4) priority application date, number and country if claiming foreign priority, (5) requesting simultaneously for substantive examination or not (6) the date by which the application must be filed, etc. If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.
■Power of Attorney Please make use of our Power of Attorney form/General Power of Attorney form, the original one to be signed and dated by the applicant. If making use of our Power of Attorney form, one Power of Attorney shall be submitted for every one application. If making use of our General Power of Attorney form, one General Power of Attorney will cover all future patent applications.
■Application Documents, to contain (1) Invention or utility model: a description, claims, drawings (if any) and an abstract. (2) Design: three (3) sets of drawings/photos of the product incorporated with the design. Such drawings/photos shall be sized from 3cm x 8cm to 15cm x 22cm and with no shade lines and/or dotted lines. If seeking protection for the shape of a product, drawings/photos of six elevation views and one perspective (if any) view are required. If seeking protection for pattern, unfolded and perspective drawings are required. If claiming colors, three (3) colored set of the drawings/photos are requisite. If there are special comments, a brief specification is required.
■Priority Document and Assignment (1) Priority Document : If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application. The priority document, i.e., a certified copy of the priority application shall be submitted to the Chinese Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s). (2) Assignment : If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted. A certified/notarized copy of a foreign assignment of the priority application is acceptable for this purpose. The applicant may also use our assignment form, which shall be executed by the applicant of the priority application.
3. Notes ■If the Power of Attorney fails to be submitted when filing the application, same can be filed later. Please make sure that the date of execution shall be earlier than the Chinese filing date.
■Both priority document and assignment shall be filed within three (3) months from the date of filing. Otherwise, the Chinese Patent Office will issue a Notice on Deeming Not to Have Requested Convention Priority. The applicant may request for restoration of the priority by submitting the priority document and/or assignment within two (2) months from the date of receiving said Notice with a payment of restoration fee.
■Since China has joined the Budapest Treaty in July 1995. Therefore, when a new microorganism species is involved in a patent application, the new microorganism species can be deposited in an international deposit center designated by the Treaty. A certificate of deposit and a certificate proving the species being alive both issued by the international deposit center shall be submitted either at the time when filing the application or within three (3) months from the date of filing the Chinese application.
■According to the Chinese Patent Law, for patent application for invention, the request for substantive examination shall be filed within three (3) years from the date of filing/priority.
■Since the Chinese Patent Office accepts application documents only in Chinese version, therefore, it is recommended that the filing documents be forwarded to us two (2) weeks prior to the date by which the application must be filed or the date on which the priority period expires so that we can have sufficient time to prepare the Chinese application documents, including translation. We also undertake the entrustment for filing urgent patent application, for example, an application that has to be filed within three(3) days or less. In this case, a certain urgent service fee will be charged.