Changsha xuanteng intellectual property agency co. LTD
长沙轩腾知识产权代理有限公司

.
TRADEMARK
CORYRIGHT
PATENT
DESIGN

○ What is Trademark?


A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. A registered trademark is a legal right granted by the government. It gives the owner a statutory monopoly for the exclusive right to use the mark in relation to the goods or services for which the mark is registered.


○ Are trademarks registered in China protected in Hongkong, Macau and Taiwan?


The Chinese trademarks we usually talk about are those registered in Mainland China, namely those approved by the Trademark Office of the State Administration for Industry & Commerce of China upon application for trade mark registration. The geographic range of trademark protection does not include Hongkong, Macau and Taiwan.


○ Are companies without physical domiciles allowed to apply for trademark registration in China?


Yes. But if a foreigner or foreign company has no regular residence or domicile for business operation in China, to ensure quality of application documents and prompt delivery of relevant instruments and letters as well as the progress of trademark examination and other relevant procedures, foreigners or foreign companies shall entrust trademark registration and other relevant formalities with qualified agencies approved by competent authorities of China.


○ Do foreign companies' trademarks registered in China have to include Chinese characters?


Any sign, capable of distinguishing the goods or services of one natural person, legal person or any other organization from those of other persons, including words, devices, letters, numerals, three-dimensional signs, combination of colors, sounds, etc., as well as the combination of such signs, shall be eligible for application for registration as a trademark. So any foreigner or foreign enterprise intending to apply for registration of a trademark in China may not have to be using Chinese characters.


○ Is any fee required for trademark registration phrase by the agency?


According to Chinese laws, a trademark registration fee is charged for once, instead of by stages. The trademark will be valid for ten years and renewed by paying a fee every ten years.


○ Is any fee required for trademark registration phrase by the agency?


According to Chinese laws, a trademark registration fee is charged for once, instead of by stages. The trademark will be valid for ten years and renewed by paying a fee every ten years.


○ What is service mark?


A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. Example of services includes hotels, insurance, graphic design, training center, advertising, banking and so on.



○ Are all trademark registrable?


NO, if the trademark consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication. In general, marks which other traders would legitimately want to use to describe their goods or services are not registrable. For example the mark should not be descriptive of the goods, it must be “distinctive”, like “Excellent”, “Top 1 Brand” and “Best in World” should not form up as a trademark.



○ Differences between Trademark, Industrial Design, Patent and Copyright.


Trademark provides an exclusive right to use a distinctive mark to indicate the source of goods and/or services. Industrial design refers to features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye. Patent generally protects invention and new technologies. Copyright protects creative output such as literary, artistic, dramatic or musical works.


○ Is it necessary to conduct a trademark search?


Before filing a trademark application, it is advisable conducting a search at CTMO's database to ensure that there are no marks identical to, or closely resembling your mark, filed or registered by others for similar goods or services. After the search had done the trademark agent who will be able to advice on the availability and registrability of the mark.



○ Who can Register a trademark?


The application for registration of a trademark must be filed in the name of the trademark owner; usually a company, individual, partnership or organization associations etc.


○ What is the difference between TM, SM and "R"?


TM is used to indicate a trademark, and SM to indicate a servicemark. When a mark is registered, it turns into "R", the symbol used to indicate a registered trade or servicemark.


○ Can I use the "R" symbol before my mark is registered?


No, it is illegal in China (and most other countries) to use the registered trademark symbol "R", unless you have received your certificate of registration.



○ If my trademark is registered in one country, is it protected worldwide?


No, you need to register your trademark in every country that you wish to seek IP protection. However, a Chinese application can be used as a basis for claiming priority in countries which are parties to the Paris Convention and WTO. The registration process and fees vary from one country to another.


○ How long does the application process take?


This varies depending on Country and which Classes you are registering your trademark. In general, the entire process takes between 12-18 months. However, if there are any objections or oppositions, the time taken may be longer.
Once registered, how long does my trademark last?
Your trademark will be valid for 10 years from the date of application. After that time, you may renew your trademark for a further 10 year period, at a time.


○ What can a registered trademark agent do for you?


Registered trademark agents possess skill and knowledge in all phases of trademark prosecution and registration. They can advise on the registrability of your mark, conduct pre-filing searches, filing trademark application, handle any objections raised by the Trademark Registrar and trademark opposition during process of publication.



How many items can we choose?


In China, registration in one class, applicant could select 10 items. For extra class and items, it will be required for extra charge.


Is it necessary to conduct a trademark search in advance in China?


Before filing a trademark application, it is advisable conducting a search in CTMO’s database to ensure that there are no marks identical to, or closely resembling your mark, filed or registered by others for similar goods or services. We provide trademark express search for free.


Trademark cost and how to pay?


According to what kind of IP services you choice for, fees are not the same, you can complete payment via Western Union, Paypal or bank transfer.


What classification of our products should be under?


Telling us what kind of goods or services your enterprise provides, we will help you to choose the suitable classification for trademark.


What should we do if our trademark was rejected by the CTMO?


According to the Trademark Law of the People's Republic of China, if your trademark was rejected by CTMO, you can apply for review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall re-examine your trademark and make a decision whether your trademark can be registered within nine months from the receipt of the request for review and notify the applicant in writing. And if you are dissatisfied with the decision of the Trademark Review and Adjudication Board, you can institute legal proceedings with the people's court.


Can we file a trademark application with scanned copies of the documents?


The scanned copies of the documents with seal or signature are sufficient for filing the trademark application.


Is there any website to track the trademark status in real time?


This is the official website of CTMO: http://www.ctmo.gov.cn/sbcx/, you can track trademark status on this website. Specific query steps can be found on this website: http://www.china-trademark-registration.com/blog/7-blog/37-trace_status.html




○ What is Copyright?


It is an exclusive right given to the owner of a copyright to control the use of the work in China for a specific period.


○ What works are eligible for Copyright Protections?


Literary works, artistic works, sound recordings, musical works, films, broadcasts & derivative works.


○ How long to get the copyright works filed or recorded by the Registry?


For a smooth application, it will take about 1-3 months. Once the copyright work recorded by the Registry, a certificate of acknowledgement will be issued to the Applicant.


○ How long does the Copyright last?


Generally, the life of the author plus 50 years after his death; or 50 years after the work was first published (depending on the type of works).


○ What works are NOT qualified for Copyright protection?


Ideas, procedures, methods of operation & mathematical concepts.


○ It is compulsory to register and file the copyright?


No, it is not compulsory. But registration of copyright allows the owner to claim titles and ownership of his created works. In case of any dispute, the registration of copyright serves as prima evidence in a court of law with reference to the rightful owner of the works.


○ What is Patent?


A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.


○ What is Utility Innovation?


A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.


○ Who May Apply?


Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word "person" is not limited to natural persons and thus also includes, for example, a company.


○ How can a patent or utility innovation be protected?


An applicant must file a patent or utility innovation application with the SIPO which will assess whether it meets the requirements of the Patents Law of China.

○ Why Protect an Invention?


A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in China without the owner's consent or permission.


○ Term of protection


A patent is protected 20 years from the date of filing and a utility innovation is protected 10 years from the date of filing subject to use.


○ What is PCT (Patent Cooperation Treaty) filing?


PCT is an international patent law treaty which provides a standard procedure for filing patent in its 145 member countries. You can file PCT filing within 12 months from your first or local patent application. The purpose of PCT filing is to streamline the filing process and cheaper for you to file your patent in multiple countries (the procedures for PCT filing is in the next page)


○ Patentable Inventions


For a patent to be granted an invention must be :


    new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
    involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
    industrially applicable

Non-Patentable Inventions


    Discoveries, scientific theories and mathematical methods
    Plant or animal varieties or essentially biological processes purely for the production of plants or animals
    Schemes, rules or methods for doing business, performing purely mental acts or playing games
    Methods for treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on human or animal body.

○ What is industrial design?


Industrial design refers to the features of shape, configuration, pattern or ornament of an article (product).


○ Who can register industrial design?


Any company, individual, organization or society can apply and register industrial design.


○ How long is the process of getting Design registered?


For a smooth application, the duration will be approximately 6-8 months


○ Once Design registered, how long is its validity?


10 years from filing date.


○ Is the Design registration valid for the whole world?


No. Design registration is territory basis. If the design only registered in China Mainland, its protection will be covered in China Mainland only.


○ What are the costs and required details for Design registration?


Kindly contact our advisors for the details.


Username:
 *
Password:
 *
Re-type Pwd:
 *
Name:
 *
Email:
Phone:
Mobile Phone:
 *
Message:
Captcha:
Online Service
 
 
 Work Time
Mon to Sun :8:30-22:00
 Contact Details
Telephone:+86 15211049270
Email:2043188581@qq.com