General Information
Type of Trademarks
Marks for goods, Service marks, Associated marks, Series marks, Certification marks, Collective marks or Sound marks
Type of Applicant
Company, Individual or Jointly.
Registrable Elements
Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority, Combination of colours, Sound, Hologram, Scent or taste.
Term of Protection
10 Years from filing date and renewable for 10 years within 6 months before expiry or 6 months after expiry with surcharge.
Priority Deadline
6 months from the priority application filing date.
Classification
11th Edition – Multi class application, Use of class headings.
Search
Applicable for Word and Device marks (Unofficial).
Examination
Absolute grounds.
Recordation Applicability
Application, Registrations, Partial recordation.
Time Frames (Up To)
Search: 3 days.
Registration: 7 months.
- Filing to Examination decision 1 month
- Examination decision to Publication 1 month
- Publication Opposition Period 2 months
- Registration to Certificate Issuance 3 months
Renewals: 1 month.
Recordation: 1 month.
Appeal: 8 months.
Opposition: 2 months.
Declaration of Use
Applicable.
Consent and Disclaimers
Acceptable to overcome refusal.
Cancellation Action
Applicable for Unlawful registration Non-use for a period of 5 years from the Registration before the Administrative Authorities and Courts.
Infringement Measures
Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.
Filing Requirements:
• Power of Attorney simply signed.
• Certified copy of the priority document, if priority is claimed. (May be submitted within 90 days from the filing date)
Renewal Requirements:
• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record)
Assignment Requirements:
• Power of Attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly notarized.
License Requirements:
• Power of Attorney simply signed by the Licensee.
• License agreement signed by both parties duly notarized. (Duration of agreement must be indicated and should not exceed the validity of the mark)
Merger / Mortgage Requirements:
• Power of Attorney simply signed.
• Certificate of merger / mortgage duly legalized notarized.
Name / Address Requirements:
• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.
Appeal / Opposition Requirements:
• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries.
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries.
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.
• Extracts from bills/invoices, etc., from the year of inception of the company.
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries.
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.