How To Register A Trademark In China
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Patent law in china require foreigners with no permanent address in china to engage a state approved agent if they want to register a trademark in china even if you have a permanent address in china it is advisable to get an agent to do it.
How to register a trademark in china. If you are filing for a logo we need to see the logo. Secondly our trademark registration attorney will check the availability of tradermark and provide you with a professional suggestion. The 17th article of the trademark law. Best practices for preventing loss of trademark rights in china. Best practices for battling trademark piracy in china update.
Get a intellectual property agent attorney to do the filing for you. Unlike registering a trademark in the united states registering a trademark in china holds some interesting distinctions. One of which is that china is a first to file country while the u s. Is a first in time first in right country. When you apply to register for a trademark in china you normally need to go through the following steps.
The full legal name of the applicant s either your organization or your individual name the full address of the applicant s. The china trademark registration process cheatsheet. Application you can claim the us filing date as your priority date in china. You can begin the process to register your mark in china even before a us application is filed. The process when registering a trademark in china.
2020 recent changes in chinese trademark law require applicants to have an intent to use the applied for mark which provides brand owners with another option for enforcing their rights in china. For a foreigner or a foreign enterprise who want to apply for the registration of a trademark in china it shall be handled according to the agreement signed by its own country and the people s republic of china or an international treaty to which it is jointly participated or in accordance with the principle of reciprocity. In china similar with many countries like laos cambodia south korea canada thailand vietnam the eu indonesia japan philippines the rule first to file is applied meaning that no matter the trademark is used in china the person who files a trademark registration application the first shall have prior rights with that trademark. With that said as long as your chinese application is filed within six months of your u s. First of all you need to check if the trademark is registered or not more about how you can check that later in this article submit the application form and other relevant documents.
Representation by a trademark attorney foreign applicants that wish to start trademark prosecution in china must appoint an agent a chinese ip attorney. The requirements of filing trademark application in china are.
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