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>> Trademark
 HOW
TO APPLY FOR TRADEMARK AND HANDLE OTHER RELATED MATTERS IN CHINA
Trademark Application
(1)Power of Attorney, to be executed by the applicant
(2)Trademark Application Form
(3)Applicant’s Name of Address in English and Chinese
(4)Classification and Description of Goods/Services
(5)10 Specimen of Mark (for colors marks, 2 specimen of mark in
white and black are required)
Trademark Renewal
(1)Power of Attorney, to be executed by the applicant
(2)Trademark Renewal Application Form
(3)Copy of Trademark Registration Certificate
Recordal of License Contract
(1) Power of Attorney, to be executed by the licensor
(2)Application for Recordal of License Contract, to be executed
by the licensor
(3)Trademark License Contract (original copy, executed by the
licensor and licensee, with Chinese translation for English contract)
(4)Copy of Business License of Licensee (for Chinese licensee)
(5)Copy of Trademark Registration Certificate
Opposition and Response of Opposition
(1) Power of Attorney, to be executed by the applicant
(2) Application for Opposition or Response
(3)Relevant Evidences and Materials
Review & Adjudication and Response of Review & Adjudication
(1)Power of Attorney, to be executed by the applicant in triplicate
(2)Application for Review & Adjudication or Response
(3)Relevant Evidences and Materials
Means of Trademark Application
Any Chinese natural person or legal entity intending to acquire
the Exclusive Right to Use a Registered trademark can either come
to the Trademark Office to apply for the registration or appoint
any of such organizations as designated by the State to act as
his or its agent for the registration. Any foreign person or foreign
enterprise intending to apply for the registration of a trademark
or for any other matters concerning trademarks in China sha1l
appoint any of such organizations as designated by the State to
act as his or its agent.
Protection
of Well-known Trademarks
China has been fulfilling her promise to the world to protect the
legitimate rights and interests of both Chinese and foreign trademark
owners since China became party to a member of Paris Convention
for the Protection of Industrial Property. As provided in Article
25 of Regulations for the Implementation of Trademark Law revised
in 1993, to violate the principles of honesty and credit and plagiarize,
counterfeit or translate any well-known trademark of another party
in the registration shall be deemed as acts committed in the acquisition
of a trademark registration by fraud or any other unfair means.
As provided in Article 13 of the Trademark Law revised in 2001,
where a trademark in respect of which the application for registration
is filed for use for identical or similar goods is a reproduction,
imitation or translation of another person's trademark not registered
in China and likely to cause confusion, it shall be rejected for
registration and prohibited from use. Where a trademark in respect
of which the application for registration is filed for use for non-identical
or dissimilar goods is a reproduction, imitation or translation
of the well-known mark of another person that has been registered
in China, misleads the pub1ic and is likely to create prejudice
to the interests of the well-known mark registrant, it shall be
rejected for registration and prohibited from use. As provided in
Regulations for the Implementation of Trademark Law revised in 2002,
a trademark owner who believes that the registration of its well-known
trademark as an enterprise name by another person is likely to deceive
or mislead the public may apply to the competent registration authorities
of enterprise names for the cancellation of the registration of
the enterprise name.
>>Patent
How to Apply for Chinese Patent
Pursuant to Article 19 of the Chinese Patent Law, any foreigner,
foreign enterprise or other foreign organization having no habitual
residence or business office in China applies for a patent, or
has other patent matters to attend to, in China, it or he shall
appoint a patent agency designated by the Patent Administration
Department Under the State Council to act as his or its agent.
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