Requirements for Trademark Applications in China

Requirements for Customs protection in respect of Trademark

Requirements for Copyright Registration Applications in PRC

Requirements for Trademark Applications in China

 Trademark Application for Registration

1. Name and address of the applicant; If the applicant has registered a mark in China, the Chinese name and address of the applicant should be provided for the sake of consistency;

2. 10 trademark prints in black and white (if color is claimed, 10 color prints should be provided); The length and breadth of the trademark print should be less than 10 cm but more than 5 cm each.

3. Name and class of the goods to be registered;

4. A Power of Attorney, simply signed by the applicant; No notarization or legalization is required.

Trademark Renewal
1. A Power of Attorney, simply signed by the applicant;
2. A copy of the trademark registration certificate.

Note: An application for renewal of the registration shall be made within six months before expiration of a registration. Where no application has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.
The period of validity of each renewal of registration shall be ten years.
 

Change of Proprietor’s Name and Address
1. A Power of Attorney, simply signed by the applicant;

2. For the change of proprietor’s name, a certification verifying such change shall be issued by the local Administration in charge; For change of address, no certification is required;

3. A copy of the Trademark Application or Registration Certificate;

Note: The proprietor shall apply for the change of its name or address for all the marks registered or applied for in its name
 

Trademark Assignment
1. A Power of Attorney, simply signed by the applicant;

2. Trademark Assignment Application Form duly signed by both the assignor and the assignee.

Note: The trademark proprietor shall assign, at one time, all the same or similar mark under its name in respect of the same or similar goods.

Recordal of Trademark Licensing Contract
1. A Power of Attorney, simply signed by the applicant;
2. Application Form for recording the license contract, signed by the licensor;
3. The originally singed license contract;
4. A copy of the Trademark Registration Certificate.

Re-issuance of Trademark Registration Certificate
1. A Power of Attorney, simply signed by the applicant;

2. Five (5) trademark prints (must be in conformity with that in the original Registration Certificate);

3. The registrant’s name, address and the registration number.

Issuance of Certification on Trademark Registration
1. A Power of Attorney, simply signed by the applicant;
2. A copy of the original Trademark Registration Certificate;

3. If the original Registration Certificate is lost, providing the registrant’s name, address, trademark, class, registration number and other registration information.

Trademark Opposition
1. Power of Attorney in duplicate, simply signed by the applicant;
2. Other materials（Consulting us for details）.  

Response to an Opposition
1. Power of Attorney in duplicate, simply signed by the applicant;
2. Other materials（Consulting us for details）;
3. The original Notice from the Trademark Office.

Cancellation of a Registered Trademark on the basis of Non-Use for Three years
1. A Power of Attorney, simply signed by the applicant.

Review of a Refused Trademark
1. A Power of Attorney, simply signed by the applicant;
2. Other materials（Consulting us for details）;
3. The original Notice of Refusal from the Trademark Office.

Review of the Decision on Opposition
1. Power of Attorney in duplicate, simply signed by the applicant;
2. Other materials（Consulting us for details）;
3. The original Notice of Decision on Opposition from the Trademark Office.

Response to a Review of the Decision on Opposition
1. Power of Attorney in duplicate, simply signed by the applicant;
2. Other materials（Consulting us for details）;

3. The original Notice Requesting a Response to the Review of the Decision on Opposition from the Trademark Office.

Review of the Decision on Canceling a Registered Trademark
1. Power of Attorney in duplicate, simply signed by the applicant;
2. Other materials（Consulting us for details）;
3. The original Notice of Decision on Canceling a Registered Trademark.
 

Requirements for Customs protection in respect of Trademark

1.Certificate of Intellectual Property Right:
1) A copy of trademark registration certificate; or

2) A copy of the certificate of trademark registration issued by the Trademark Office (in case of registration under Madrid Agreement or Madrid Protocol)

2. Certificate of the Applicant:
1) A copy of the Legal Person’s Business License (in case of domestic enterprises); or

2) A copy of the document issued by the relevant government authority or Commercial Registry verifying the existence and activities of the company (in case of foreign enterprises); or

3) A copy of the ID or Passport of a natural person (in case the trademark registrant is a natural person).

3. A Power of Attorney;

4. List of the Licensees;

5. Photos or Pictures;
Photos or pictures of the protected goods and its packages, as well as those of the infringed goods shall be provided. The trademark in the photos shall be clear and obvious.

6. Name of the suspected infringer and the preliminary evidence if possible;

7. Materials of dispute in respect of the intellectual property right;

8. Other materials deemed necessary.

Note: Those items with a “ ”are not a must.

Requirements for Copyright Registration Applications in PRC

1、Registration Application Form;

2、Identity Documents of the Applicant;

3、Copyright Guarantee

4、Description of the Works (describing the outlines or contents of the works)

5、Samples or Copies of the works

6、POA for Copyright Registration Application

7、Proof for Rights Reservation