CHINA SERVICE:
Trademark
Patent for Invention
Utility Model
Design
Copyright
Others
Trademark
Summary:
Protection Term: 10 years from filing date.
Time from filing to registration: 36 months.
Renewal duration: 10 years.
Classification of Goods/ Services: International Classification.
Filing Requirements:
1-Power of attorney, simply signed.
2-Prints of the mark for each application.
3-The list of the goods and/or services and the classes.
4-The name and address of the applicant.
5-A certified priority document if it is claimed
Search Requirements:
1-Photocopy of the trademark.
2-The list of the goods and/ or services to be covered by the trademark.
Renewal Requirements:
1-Simply signed power of Attorney.
2-Representation of Mark.
3-Photocopy of Chinese Registration Certificate.
Assignment Requirements:
1-Simply signed power of attorney.
2-Assignment document singed by both parties.
3-Copy of Chinese registration Certificate.
Change of Name/Address Requirements:
1-Simply signed power of attorney under new name.
2-Official document certifying change of name/address.
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Patent for Invention:
Patents are valid 20 years as from the application date. According to the Chinese Patent Law, for patent application for invention, the request for substantive examination shall be filed within three (3) years from the filing/priority date
Filling Requirements for a National Application:
1-Instruction Letter, indicating:
(1) Title of invention/utility model/design
(2) Type of patent application
(3) Name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)
(4) Priority application date, number and country if claiming foreign priority,
(5) Requesting simultaneously for substantive examination or not
(6) The date by which the application must be filed, etc.
If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.
2-Power of Attorney, simply signed
3-Application Documents, to contain:
(1) Invention or utility model: a description, claims, drawings (if any) and an abstract.
4-Priority Document and Assignment:
(1) Priority Document: If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application.
The priority document, i.e., a certified copy of the priority application shall be submitted to the China Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s) within three (3) months from the filing date.
(2) Assignment: If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted.
Filling Requirements for a PCT National Phase Application:
1-Instruction Letter, indicating:
(1) PCT Application Number
(2) Any Amendments under PCT Article 19 or Article 34 or not
(3) Any initial Amendments under PCT Article 28 or Article 41 or not
(4) Examination basis
(5) Requesting simultaneously for substantive examination or not
(6) The date by which the application must be filed, etc.
If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions. If the applicant has difficulty in meeting the 30-month deadline to enter the National Phase, 2-month extension may be applicable based on payment of Extension fees USD 125.00.
2-Power of Attorney, simply signed
3-Application Documents, to contain:
Publication version of PCT Application (or its English translation) and any Amendments, preferably in word format, and IPER Annexes (if any).
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Utility Model:
Utility Models are valid 10 years as from the application date.
Filling Requirements for a National Application:
1-Instruction Letter, indicating:
(1) Title of invention/utility model/design
(2) Type of patent application
(3) Name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)
(4) Priority application date, number and country if claiming foreign priority,
(5) Requesting simultaneously for substantive examination or not
(6) The date by which the application must be filed, etc.
If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.
2-Power of Attorney, simply signed
3-Application Documents, to contain:
(1) Invention or utility model: a description, claims, drawings (if any) and an abstract.
4-Priority Document and Assignment:
(1) Priority Document: If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application.
The priority document, i.e., a certified copy of the priority application shall be submitted to the China Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s) within three (3) months from the filing date.
(2) Assignment: If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted.
Filling Requirements for a PCT National Phase Application:
1-Instruction Letter, indicating:
(1) PCT Application Number
(2) Any Amendments under PCT Article 19 or Article 34 or not
(3) Any initial Amendments under PCT Article 28 or Article 41 or not
(4) Examination basis
(5) Requesting simultaneously for substantive examination or not
(6) The date by which the application must be filed, etc.
If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions. If the applicant has difficulty in meeting the 30-month deadline to enter the National Phase, 2-month extension may be applicable based on payment of Extension fees USD 125.00.
2-Power of Attorney, simply signed
3-Application Documents, to contain:
Publication version of PCT Application (or its English translation) and any Amendments, preferably in word format, and IPER Annexes (if any).
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Design:
The duration of protection of a design is 10 years.
Filing Requirements:
1-An instruction letter indicating the name of the product associated with the design, name & address of the applicant, and name & address of the designer; where priority is claimed, it is required to provide the name of the country where the initial application was filed, date of priority and priority number;
2-One set of drawings or three sets of photographs (front view, back view, top view, bottom view, left view & right view, and a perspective view (if available)) shall be provided; where an application for a patent for design seeking concurrent protection of color is filed, three sets of drawing or photograph in color shall be provided; where what is provided is photograph, the background of the article shall be a single color against nothing else; in addition, a drawing or a photograph provided shall be of the orthogonal view.
3-A dully executed Power of Attorney (may be provided within two months from the date of receipt of the notification for correction from SIPO).
4-Where priority is claimed, the certified documents of priority are required; where the applicant in Mainland China is not the same applicant of the initial application, the assignment of priority or the notarized copy of the same is required (the certified documents and assignment of priority may be provided within three months from the filing of the application in the P.R.C.).
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Copyright:
For more information, please contact us.
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Others:
Regarding other IP affairs in China such as: Domain Name, Anti-Counterfeit, Legal Service, IP Watch Service, IP search, IP Portfolio Management, Please contact us.
Note:For schedule of charges and required documents (such as Power of Attorney, Deed of Assignment, etc.), Please contact us by email or online service.
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