Trademark and Patent Application, Trademark and Copyright

Trademark Registration Application Instructions

Individuals, legal entities, or other organizations that require exclusive trademark rights for goods produced, manufactured, processed, selected, or distributed, or for services provided, shall apply for trademark registration with the Trademark Bureau of the State Administration for Market Regulation (hereinafter referred to as the Trademark Bureau) in accordance with the law.

Narrowly defined, trademark registration applications refer to applications for registering goods and services trademarks, international trademark registrations, certification mark registrations, collective trademark registrations, and special mark registration applications. Broadly defined, trademark registration applications encompass not only the contents of narrow trademark registration applications but also include applications for changes, renewals, transfers, oppositions, trademark use license contract filings, and other matters related to trademark registrations.

Applicants in China have two methods for handling various trademark registration matters: first, by directly visiting the Trademark Office; second, by entrusting a nationally recognized trademark agency to act on their behalf.

The main differences between the two methods lie in the mode of contact and the documents submitted. In terms of contact, those who go directly to the Trademark Office have direct communication with the office during the process; those who entrust a trademark agency have communication through the agency, not directly with the office. Regarding the documents submitted, in addition to the other required documents, those going directly to the Trademark Office must also submit a copy of the ID card of the person handling the matter; those entrusting an agency must submit an authorization letter for the agency to handle trademark registration. Domestic applicants handling trademark registration directly should go to the Trademark Office's registration hall.

Foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration matters in China, except for those with a permanent residence or business establishment in China.

Trademark and Patent Application Preparation Documents

Technical Briefing Document

1. Applicant provides background information on the invention or entrusts a search for relevant content.

2. The applicant provides a detailed introduction of the content of the invention and creation.

Confirm Application Plan:

We will present a clear application plan, define the scope and content of protection, and begin preparing for the formal application process.

Prepare application documents:

1. Draft patent application documents.

2. Prepare application documents.

3. Submit a patent application and obtain a patent application number.

Review:

The China National Intellectual Property Administration will review the patent application documents, which may involve patent amendments, opinion statements, replies, and changes during the review process. Should the need arise, cooperation in completing these tasks is required.

Required Time

The China National Intellectual Property Administration will make an authorization or rejection decision based on the examination, with the duration generally being: for design patents, about 6-8 months; for utility models, about 10-12 months; and for invention patents, about 3 years.

Patent Validity / Folding

Patent protection lasts for 20 years, while the protection period for utility models and designs is 10 years.

Trademark and Patent Application Information Inquiry

To prevent similarity or resemblance to pre-registered trademarks, it is recommended to conduct a trademark search before filing a registration application, to enhance the likelihood of successful registration. It should be noted that the trademark search results provided by the National Trademark Office do not carry legal effect, but can serve as a significant reference for the applicant's trademark registration.

Register and provide information

1. Company Name Application: Photocopy of company business license.

Individual Application: One copy of the individual's ID card and one copy of the business license for a sole proprietorship.

2. Pre-designed logo patterns; (Chinese characters, English letters, numbers, graphics, etc.)

3. Select the category for trademark registration and the name of the goods; (Trademark International Classification) (Trademark Patent Application)

4. "Trademark Application Form," "Trademark Authorization Letter," "Trademark Agreement," to be confirmed and signed/sealed. (Provided by the agency.)

Registration Time Required

1. Approximately one month after delivery, the State Administration for Market Regulation's Trademark Bureau will issue the file number of the accepted application. If the application documents and procedures are complete and properly filled out as per regulations, the Trademark Bureau will issue the "Trademark Acceptance Notice" (formal review).

2. After 8 months of the application being accepted, the Trademark Office conducts a substantive examination of the trademark. Any trademark application that complies with the provisions of the "Trademark Law" is preliminarily approved by the Trademark Office and announced publicly. Applications that do not meet the requirements will receive a "Rejection Notice" or a "Partial Rejection Notice"; if the Trademark Office believes that the content of the trademark registration application can be amended, it will issue a "Review Opinion Letter." If the applicant responds within the specified period, the Trademark Office will continue the review. (Substantive Examination) (Trademark and Patent Application)

3. Upon substantial examination, which typically takes around 8-10 months, the Trademark Office publishes a preliminary announcement and sends it to the applicant. (Announcement issued)

4. Three months after the announcement, the approved trademark registration will be issued with the official "Trademark Registration Certificate." (During the announcement period)

5. The registration process typically takes about 12-18 months. (Upon receiving the certificate)