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 1£®Q£ºWhich kind of trademarks can be registered in China?

A£ºOrdinary trademarks; trademarks in color; three-dimensional trademarks; collective trademarks; certification trademarks.

 2£®Q£ºIs it officially necessary to conduct trademark searches before filing   applications for registration?

A£ºNo. Applicants can decide whether or not to conduct searches first.

 3£®Q£ºWhich documents are needed for filing a trademark application in China?

A£ºPower of Attorney and 10 specimens of the trademark.

4£®Q£ºWhat is the normal procedure for trademark registration in China?

A£º After a trademark application is filed, the China Trademark Office (CTO) will arrange for its formal and substantive examination.  Trademark applications that pass the examination are published in the Trademark Gazette.  Within 3 months from the publication date, any person may file an opposition against the trademark.  If no opposition is filed at the expiration of the specified period, the trademark will be then approved for registration and a certificate of trademark registration will be issued.

5£®Q£ºHow long does it take to obtain the registration of one trademark?

A£ºIf no official action is issues, a trademark application usually receives preliminary approval and is published within 1~2 years after the application date.  This duration may be lengthened or shortened due to the backlog of cases in the China Trademark Office (CTO).

6£® Q£ºCan priority be claimed in China?

 A£ºYes.

7£®  Q£ºIs it permissible for two or more applicants to jointly file a trademark application in China?

 A£ºYes.

8£® Q£ºAre there any requirements for use in China, for applied for trademarks and registered trademarks?

A£ºThere is no ¡°use¡± requirement for trademarks applications.  However, regarding the registered trademark, if it has been ceased for use for three consecutive years, any person may apply to the China Trademark Office to cancel the trademark.

9£® Q£ºDoes China adopt the first-to-file principal for trademark registration?

A£ºYes.  Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was filed first.  Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark that was used earliest, and the applications of the others shall be refused and their trademarks shall not be published.

10. Q£ºWhat kind of remedies can be taken against trademark infringement?

A£ºWhere trademark infringement takes place, the trademark registrant or any interested party may institute legal proceedings with the people¡¯s court, or request the administrative authority for industry and commerce to take action. ¡¡

 
   
     
 
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