General Information
Type of Trademarks
Marks for goods, Service marks, Production Marks, Associated marks, Series marks, Certification marks, Collective marks, Defensive marks, Quality control Marks, Sound marks or Geographical indication Marks.
Type of Applicant
Company, Individual or Jointly.
Registrable Elements
Character, Chinese characters, Figure, Sign, Three-dimensional shape, Claiming color, Claiming priority, Combination of colors, Sound or Motion
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
3 months from the priority application filing date.
Classification
11th Edition - multiclass application.
Search
Applicable for Word and Device marks.
Examination
Formal, Relative grounds and Absolute grounds
Recordation Applicability
Applications, Registrations, Partial recordation or Termination.
Time Frames (Up To)
Search: 5 days.
Registration: 8 months
- Filing to Examination decision 3 months
- Examination decision to Publication 2 months
- Publication Opposition Period 2 months
- Registration to Certificate Issuance 1 month
Renewals: 1 month.
Recordation: 1 month.
Appeal: 2 months.
Opposition: 2 months.
Declaration of Use
Not 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 Trademark office.
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.
Merger / Mortgage Requirements:
• Power of Attorney simply signed.
• Certificate of merger / mortgage 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.