China trademarks are under the NATIONAL INTELLECTUAL PROPERTY ADMINIST RATION(PRC). In addition to trademarks, the Intellectual Property Office is also responsible for registration of patents, geographical indications of origin and administrative rulings.
01 Materials required for filing of trademark application in China
1. Company application: Copy of certificate of incorporation
Individual application: ID card copy with front and back. (※ If the applicant have a China household registration, the applicant must be provide an Individual Industrial and Commercial Household License)
2. Applicant's name and address with Chinese and English.
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services (According to Nice Classification)
5. Power of attorney
02 China trademark application time
About 7-10 months
03 China trademark application process
About 18 months. if there are other procedures, then increase the time.
04 Canada trademark application process
1. Application
After submitting the required documents and fees, the application receipt would be obtained the next day.
2. Formal examination
The Trademark Office will review the submitted documents for errors. If it doesn't meet the basic requirements, the Trademark Office will issue a correction notice and must reply within 30 days.
If it meets the requirements, a "trademark registration application acceptance notice" will be issued for a period of about 1 -1.5 months.
3. Substantive examination
The Trademark Office examines whether the application for a trademark will be unregistrable. If it is unregistrable, the Trademark Office will issue the "Trademark Rejection Notice" and "Trademark Rejection Notice" according to different reasons.
The applicants need to reply according to the situation. If it passes the examination, the Trademark Office will issue the "Notice of Announcement of Preliminary Examination of Trademark Registration Application" and make an announcement in the "Trademark Announcement".
4. Announcement and registration
After passing the substantive examination, an announcement is made in the Trademark Announcement for 3 months. During this time, anyone could file an opposition procedure. If there is no objection at the end of the announcement period, the Trademark Office will issue a trademark registration certificate and make an announcement.
※Notices:
1. China trademark rights can be used for 10 years from the date of approval registration; the renewal (the same as "extension" in Taiwan) date begins 12 months before the expiration of the trademark right, and the grace is within 6 months after the expiration. No certificate is required for renewal, and a renewal can be used for another 10 years.
2. After registration, the trademark will not be used for three consecutive years without justifiable reasons. Anyone could file a trademark cancellation procedure.
3. Within 5 years of the registered trademark, the relevant interested parties may file an "announcement of invalidity".
