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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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