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Trademark System in China |
CHINA TRADEMARK SYSTEM
| Legal basis |
Trade Mark Law and Regulations thereof |
| Major international treaties signed |
- Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
- Paris Convention
- Madrid Agreement
- Madrid Protocol
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| Cost of obtaining a straightforward registration |
Please contact us |
| Average time to register a trademark |
About 30-36 months |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Pre- Examination
Stage 3: publication
Stage 4: Opposition (if any)
Stage 5: Registration
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| Registrable marks |
Any visual sign capable of distinguishing the goods or service, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colours, and their combination, and being distinctive |
| Number of classes |
45 in line with the updated Nice Classification |
| Multiple class filing |
Available |
| Filing of series marks |
Not available |
| Necessary documents |
Singed Power of Attorney; Priority document if priority is claimed |
| Electronic filing |
Not available yet |
| Common objections |
Prior conflicting rights with another proprietor
Conflict with a well-known trademark
Distinctiveness
Falls in the general prohibition
Generic; customary or usual signs or indications
Shapes that may be necessary by technical factors
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| Opposition term |
3 months from publication |
| Duration of protection |
10 years from the date of registration |
| Restoration of lapsed trade mark |
Within 6 months from the expiry of the last registration |
| Compulsory period of use to avoid cancellation action |
3 consecutive years anytime from the date of registration |
| Parallel Imports |
No explicit provisions |
| Use |
Not necessary for filing purposes |
| Useful links |
www.mirandah.com
www.sipo.gov.cn
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| Civil Remedies |
Injunction
Damages
Account of profits
Statutory damages
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| Criminal Sanctions |
Monetary fines or imprisonment or both
Border Measure
Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark goods |
| Others |
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| Time frame for various legal actions |
6-24 months（varied case by case） |
| Alternative dispute resolution |
Administrative
Mediation
Arbitration
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| Any specialized courts for IP |
Generally: No Specific courts: for patents/ patent applications related |
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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