COUNTRY : PEOPLES REPUBLIC OF CHINA
CAPITAL : BEIJING
LANGUAGES : MANDRIN & ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION,WIPO, PCT, MADRID AGREEMENT AND MADRID PROTOCOL
The Chinese IPR office is known as the State Intellectual Property Office of the PRC (SIPO).
Protection of Trademarks in China:
1. NATIONAL REGISTRATIONS : Direct Filing with National Trademark Office.
Please refer our Treaties section on International Protection under Madrid System.
Therefore, to obtain protection in China , there are two options from which the applicant can choose:
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Filing is done with the Trademark office of China.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the trademark is filed with the SIPO, the trademarks office examines the application and after a preliminary approval, publishes it.
Within 3 months from the date of publication, any interested party may file an opposition. In the event there is no opposition or the opposition is not proved, the mark proceeds for registration and the trademark certificate is issued.
In the event there is opposition filed against a trademark that has been preliminarily examined and published, the trademark office shall hear both the applicant and the opponent. After investigation and verification based on the facts and grounds as established by the applicant and the opponent, the trademarks office will make a decision.
Where either of the parties is dissatisfied with the decision, the concerned party may within 15 days from the receipt of the notification apply for a re-examination of the trademark review with the Adjudication Board which will then make a decision and notify both the parties in writing.
Further, any interested party apart from the opponent and the applicant dissatisfied with the decision of the Adjudication Board, may within 30 days from the date of receipt of the notice institute legal proceedings in the People’s Court. The People’s court shall notify the other party to the trademark re-examination proceedings to be a 3rd party to the litigation.
Post Filing: Failure to use the mark continuously for 3 yrs. post registration could lead to premature termination of the mark.
For quotation: email@example.com