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Chinese Trademark

Trademark Registration

Documents and materials required for trademark registration:

1. An indication letter which should clearly indicate the nationality, name and address of the applicant, international classification of the trademark designated merchandise/service and merchandise/service list etc. A foreign applicant needs to provide his formal Chinese name if there is any.

2. Business license or photocopies of certifying documents of enterprise, governmental organization with juridical person’s status and other castes (including business scope, such as “certificate of governmental organization juridical person”); an individual applicant needs to submit photocopy of the business license for private industrialist and businessman and the photocopy of his ID card; Applicant as a natural person outside Mainland China needs to provide documents which can prove his identity such as passport etc; as an enterprise of other castes, no certifying document needs to be provided

3. When filing an application for black and white trademark, 6 copies of pattern need to be provided. When filing an application for color trademark, 8 copies of color pattern and 1 copy of black and white ink sketch need to be provided

4. Trademark Attorney POA signed (individual) or stamped (Chinese juridical person) by the applicant

5. When filing an application for the request of right of priority, the applicant should indicate the country, application date and application No. of the initial application and provide the original copy of the certifying document of the right of priority issued by the Trademark Administrative Department of the country of initial application (this document can be supplemented within 3 months after the application date)

6. Special certifying documents

1) When registering portrait as trademark, the authorization letter issued by the portrait owner and notarized by the notarization authority needs to be provided

2) When filing an application for collective trademark, the regulations of trademark utilization and administration and certification documents of the principal body qualification of the applicant need to be provided

3) When filing an application for certification trademark, certification documents of the principal body qualification of the applicant, the regulations of trademark utilization and administration and documents which prove that the applicant has the ability to control, examine and monitor the quality of the merchandise issued by relevant authority need to be provided

Trademark Renewal

The duration of validity for registered trademark is ten years, if the registrant wants to continue the exclusive right to use the trademark he needs to file an application for renewal registration within six months before the expiration of valid period. Where no application therefore has been filed within the said period, a grace period of six months will be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.

Documents and materials required for trademark renewal:

1. Trademark attorney POA signed by individual applicant or stamped by juridical person applicant

2. Photocopy of the certificate of trademark registration

Trademark Alteration

Where there is an alteration of the name, address of the registrant or other registration items, trademark registrant shall file an application for alteration. Where there is an alteration of the name or address of the trademark registrant, the registrant shall file applications of alteration for all his registered trademarks.

Documents and materials required for trademark alteration

1) Trademark Attorney POA signed by individual applicant or stamped by juridical person applicant

2) Certification of alteration of registrant’s name issued by the AIC (only required in alteration of name)

3) Photocopy of the trademark registration certificate

4) Photocopy of the business license

Trademark Opposition

According to the “Trademark Law of the People’s Republic of China” and its implementing regulations, the Trademark Office shall examine the application for the registration of trademark it has accepted. Application which conforms to the relevant provisions or those for the registration of trademarks in respect of a part of the designated merchandise which conform to the relevant provisions shall be preliminarily approved and published. Within 3 months as of the date of notification, any person can file an opposition against preliminarily approved and published trademark.

Where an opposition is filed to a trademark which, after examination, has been preliminarily approved and published by the Trademark Office, the opponent shall submit the Application for Trademark Opposition in duplicate to the Trademark Office. The Application for Trademark Opposition shall indicate the issue number of the Trademark Gazette on which the opposed trademark is published and the number of preliminary approval of the opposed trademark. Failure of the opponent party to make a reply shall not affect the adjudication by the Trademark Office on the opposition. The Trademark Office will notify the relevant party in writing about its adjudication. Any party that cannot accept the adjudication of the Trademark Office can file a reexamination to the Trademark Review and Adjudication Board.

Documents and materials required for opposition

1) Trademark attorney POA signed by the applicant or stamped by the applicant (Chinese juridical person). Applicant outside Mainland China who wants to file an opposition of trademark in China shall entrust trademark attorneys to commence the opposition.

2) Reason of opposition and evidence

Reexamination

The Trademark Review and Adjudication Board of the State Administration of Industry and Commerce (hereinafter referred to as Trademark Review and Adjudication Board) is an administrative organ of the State Administration of Industry and Commerce set to be in charge of trademark review and carries out the final adjudication right with regard to trademark review matters.

The following types of review cases are accepted by the Trademark Review and Adjudication Board:

(1) Review on refusal by the Trademark Office against a trademark registration application

(2) Review on decision by the Trademark Office with regard to trademark opposition

(3) Review on refusal by the Trademark Office against a trademark assignment application

(4) Review on refusal by the Trademark Office against a trademark renewal application

(5) Review on cancellation by the Trademark Office of the registered trademark

(6) Review on cancellation by the Trademark Office of the registered trademark due to improper registration

If not satisfied with the “Notification of Refusal” or the “Decision on Opposition of Trademark” or the “Decision of Cancellation of Trademark” issued by the Trademark Office, the interested party may, within 15 days from receipt of the notification, apply for a review. If the applicant needs to supplement further documents and evidence, it shall be indicated in the application form or response, and the applicant shall submit these documents and evidence at one time within 3 as of the submission of the application form or response. Where the intention of supplementing further documents is not indicated in the application form or response, or no documents and evidences are submitted at expiration, it is regarded as giving up the right to supplement further documents and evidences. However, after expiration, evidence based on new fact or other warrants should be regarded as exceptions.

For a review of refusal of trademark registration application or trademark opposition, the Trademark Review and Adjudication Board shall make a final decision and notify the interested party in writing. Where a trademark is, according to the final decision, preliminarily approved, it shall be transferred back to the Trademark office for further procedures.

Documents and materials required for review

(1) Trademark Attorney POA executed by the applicant

(2) Reason and evidence materials

Cancellation on the Basis of Three Consecutive Years Nonuse

A registered trademark should be used. If a registered trademark has ceased to be used for three consecutive years, any other organization or individuals may request the Trademark Office to cancel the trademark registration.

The aforesaid use of trademark refers to use of the trademark on goods, packages, containers or trading documents, or uses the trademark in advertisements, exhibition and other business activities.

The duration of non-use of a registered trademark is three consecutive years, calculated by dating back three years from the date of receipt of the “Application for Cancellation of Registration Trademark Not Having been used for Three Consecutive Years” by the Trademark Office.

After receiving the notice from the Trademark Office of providing evidence of use, the registrant shall provide the evidence of having used the mark for three consecutive years or warrant of non use within the specific time limit. Where no response is made or the evidence provided is invalid before the expiration of the time limit, the Trademark Office will make the decision to cancel the said trademark.

If not satisfied with the decision issued by the Trademark Office, the applicant or registrant may, within fifteen days from the receipt of the decision, file a request for review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

Documents and materials needed:

(1) Trademark Attorney POA executed by the applicant

(2) Name, trademark, registration No. category of the registrant and reason of cancellation

Transfer of Trademark

Where there is M&A or split the enterprise shall go through application procedure for the transfer of trademark in time. Where the enterprise is already cancelled, the procedure of transfer of trademark shall not be transacted and the ownership of registered trademark is automatically cancelled.

To transfer a registered trademark, the transferor and the transferee shall file an application to the Trademark Office for the transfer of the registered mark. The application procedure for the transfer shall be gone through by the transferee and the following documents are required to be submitted:

(1) “Transfer of Registered Trademark Application Form” signed jointly by the transferor and the transferee

(2) POA signed by the transferee

(3) Where the transferee is an enterprise, the photocopy of its business license needs to be submitted, where the transferee is an individual, the photocopies of his ID card and business license for private industrialist and businessman needs to be submitted

(4) Photocopy of registration certificate

Relevant Issues

(1) Where filing an application for transfer of registered trademark, the registrant shall apply for all his identical or similar trademarks registered on the same or similar merchandise;

(2) A 9-12 month period is required from the submission of the application of trademark transfer to the

approval and issuance of certificate.

rademark License Agreement Recordal

In accordance with the “Trademark Law of the People’s Republic of China” and its implementing regulations, trademark registrant shall enter a trademark license agreement with the licensee to allow the licensee to use its registered trademark. The licenser and licensee shall, within 3 months as of the conclusion of the agreement, submit the copy of the license agreement to the administrative authority of industry and commerce at the county level of their location for reference. The licenser shall report it to the Trademark Office for recordal and the Trademark Office will give notification and make it public.

Documents required for trademark license agreement recordal:

(1) Original copy of the trademark license agreement jointly executed by the licenser and the licensee (if the original copy is in foreign language, a copy of Chinese version shall be provided)

(2) POA executed by the licenser

(3) Photocopy of the registration certificate of the licensed trademark

(4) Photocopies of the business license of the licensee, certification documents of the governmental organization with juridical person identity, association and other castes.

Necessary information and classes for a recordable trademark license agreement:

(1) Name and address of the licensor and the licensee

(2) Registration No.

(3) Licensed goods/service: with the registered scope

(4) Licensed term: with the registration period

(5) Licensed goods/service quality control etc

Relevant Issues:

(1) The licensed trademark shall be a registered trademark (Trademark application can not be licensed)

(2) The licensed trademark shall be identical to the registered trademark

(3) The designated merchandise shall not go beyond the merchandise scope of the registered trademark

(4) The time limit of the license agreement shall not go beyond the registered valid period of the trademark

(5) The licensor shall supervise the product quality of the merchandise on which the licensee uses the registered trademark, the licensee shall guarantee the product quality of the merchandise on which the registered trademark is used