General Information
Type of Trademarks
Marks for goods, Service marks, Collective marks or Sound marks.
Type of Applicant
Company or Individual.
Registrable Elements
Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority or Combination of colours or Sound.
Term of Protection
10 Years from filing date and renewable for 10 years within 1 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 and Addition to class heading .
Search
Applicable for Word marks.
Examination
Formality,
Recordation Applicability
Applications, Registrations or Partial recordation.
Time Frames (Up To)
Search: 3 days.
Registration: 18 months.
- Filing to Examination decision 6 months
- Examination decision to Publication 6 months
- Publication Opposition Period 2 months
- Registration to Certificate Issuance 4 months
Renewals: 6 months.
Recordation: 3 months.
Appeal: 8 months.
Opposition: 8 months.
Declaration of Use
Not Required.
Consent and Disclaimers
Acceptable to overcome refusal.
Cancellation Action
Applicable for Non-use for a period of 5 years from the Registration date before the Courts.
Infringement Measures
Prevention of importation 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.
(All the above may be submitted within 60 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.
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.