| Home |
   
TRADEMARK PRACTICE IN CHINA
 

SUMMARY OF TRADE MARK LAW AND PRACTICE

 
(Trademark Category)
1. Trademarks includes goods trademarks, service marks, collective marks,
and certification marks.

(Duration)
2. Trademark registration is valid for ten years from the date of registration.

(Priority)
3. (a) An applicant may claim the priority within 6 months based on a
corresponding application in foreign country if his country or application
country has joined the Paris Convention, or the WIO members.
(b) An application for the mark which has been first shown in a Chinese government hosted exhibition or acknowledged international exhibition may claim and enjoy the priority within 6 months from the exhibition date.

(First to File System)
4. (a) In general, the first application is entitled to registration, unless the mark
used by the first applicant will cause confusion to consumers, or the
mark is obtained by violating the Trademark Law.
(b) If two identical marks filed at a same date, the mark having prior use
evidences will be allowed for publication.

(Period of Examination)
5. It takes about 12-15 months from the completion date of submitting the filing required documents to the State Administration for Industry & Commerce (The China Trademark Office) to issue a first Office Action or Notice of Allowance.

(Opposition)
6. (a) Any interested parties may file opposition(s) within 3 months from the date of
publication of the granted mark.
(b) If no opposition(s) filed or sustained, the Certificate of Registration will arrange to be issued.

(Effect of Registration)
7. The exclusive right of a trademark registration shall be limited to its designated goods or services.

(Renewal of Registration)
8. A registration can be renewed for a like period of 10 years within a period
of 6 moths before its expired date. A grace period of six months may be allowed by paying fine.

(Madrid International Registration)
9. China is a contracting member of Agreement and of Protocol.



 
   

 
MISSION INTERNATIONAL PATENT & TRADEMARK OFFICE
Address:3rd Floor, 69 Fu-Hsing N. Road, Taipei,Taiwan, R.O.C.
Tel:886-02-2751-3864(ext.40) Fax:886-02-2771-3863
e-mail:patent@mission.tw