Trademark Application

Trademarks represent the quality and reputation of goods and services and remind customers of your brand. China's huge market offers both unlimited business opportunities and big challenges to investors. Besides, a registered trademark will provide legal protection to the goods and services of your company. Thus , trademark protection is not only the powerful tool for brand building and market occupying, but also a necessary measure for enterprises to create profits.

In addition to the texts, graphics, letters, numerals, three-dimensional symbols, color combination, as well as the combination of these elements can be used as a trademark registration, sound has also listed in the new Trademark Law stipulates. It's a new chance for enterprises in the audio-visual media industry like the network companies, APP software companies, television and mobile phone industries should apply for registration of sound trademarks as soon as possible .

Benefits to Register a Trademark

1. It is convenient for customers to recognize the brand;

2. The registrant owns the exclusive rights to use the trademark being protected by laws;

3. Through trademark registration, the registrant can establish a brand and preempt the market;

4. The trademark is an intangible asset, which has infinite appreciation space;

5. The registered trademark has become the entry threshold for most e-commerce platforms (such as Tmall, etc);

6. The registered trademark can generate profits through transfer, licensing, pledge and capital contribution;

7. Trademarks are the essential conditions to conduct quality inspection, sanitary inspection, bar codes, etc.

Documents Required for Trademark Registration

Sample trademark pattern

Subject qualification certificate of the applicant

Name of goods or services

Power of Attorney for trademark agency

Notes for Trademark Application

China's registered trademark protection adopts the principle of “Application First”, which means that the trademark information should be kept as a secret and the application and registration procedure should be completed in time.

The trademark applicant who has the priority according to the Paris Convention should submit some relevant supporting documents about the right of priority.

The valid term of a trademark lasts for 10 years since the date of registration approval , without paying any fees during the term. Besides, the renewal can be applied 12 months before the expiration of the valid term.

FAQ

1. Can the trademark application be 100% successful?

A: China's trademark registration should be audited by State Trademark Office, which is influenced by subject factors of the reviewers. Thus, no organization can totally guarantee that a trademark can pass the examination. However, in order to improve your success rate of trademark registration and reduce corresponding risks, we will offer free pre-registration retrieve before trademark registration and provide professional suggestions.

2. Can an individual register a trademark?

A:Individuals can register trademarks. However, according to the regulations of China's Trademark Law, when an individual applies for a trademark, he has to provide Individual Business License and the category of trademark must be in line with the business scope listed on the Business License.

3. What are the trademark categories and service items?

A: Nice Agreement is an international convention with multinational participation, whose full name is Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. In the international classification table, there are 45 categories of tangible products and intangible services, covering more than 10,000 goods and services. Trademark application can be registered across categories. For detailed product information, please search the File Download to view the international classification table.

4. What factors will lead to the failure of a trademark registration?

A: The trademark registration may be rejected due to the subject judgement of the examiner from the State Trademark Office, the influence of the time gap of trademark searching, the submission time order, etc. Besides, the trademark may not be registered if a third party raises an opposition during the announcement period.

5. What’s the time gap of trademark searching?

A:The number of Chinese trademark application remains the largest in the world for a long time. Because that the examination and verification of trademark applications are mainly conducted by the State Trademark Office, there is often a backlog of examination materials. Thus, the trademark registration information cannot be known to the public within a certain period of time. This time gap is about three months. In conclusion, the trademark registration information in the first three months or so cannot be searched on the official website of the Trademark Office.

6. When can the trademark start to be used?

A: Generally, the trademark can be used by adding “TM” at the upper right corner of the trademark after receiving the Notice of Acceptance. If the registration is successfully approved, “R” can be marked after obtaining the Trademark Certificate.

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