Affairs Relevant to The Trademark Right

Revocation of Trademark

　Revocation is the procedure that the Trademark Office or the Trademark Review and Adjudication Board forcibly cancel a registered trademark in according with the relevant provisions.
The registered trademark may be cancelled owing to the situations as below:
　1) The later registered trademark is the subject of an application in respect of goods or services, which are identical or similar to the goods or services to an earlier registered trademark.
　2) Improper registration of a registered trademark is violated the relevant provisions, or the registration of a trademark has been obtained by fraud or any other unfair means.
　Anyone is not content with the decision of the Trademark Office, may apply for review to the Trademark Review and Adjudication Board within fifteen (15) days from receiving date of notification.
Anyone is not satisfied with the decision of the Trademark Review and Adjudication Board, may institute legal proceedings to the People's Court within thirty (30) days from receiving date of notification

To initiate a Trademark application in China, the applicant should provide:

　1. An instruction letter including the name, address and nationality of the applicant(s), Word/Device mark(s), Specification, International classification and details of designated goods/services, and Claim of Priority (if any).
　2. An applicant-signed Power of Attorney should be submitted within two weeks from the filing date.
　3. The relevant views and stereoscopic drawings or photographs in 15 sets in black and white. If color application, 15 colored specimens and 2 in black and white. The size could not exceeding 10cm or being less than 5cm in length and breadth.
　4. The applicant may claim priority within six months from the date of filing. The priority documents in related to filing date, number, and country shall be submitted within three months from the date of filing.

Specific Documents, if necessary:

　1.Certificate(s) of manufacture and/or distribution of the products for applications of trademarks where the goods fall under Class 5 concerning baby foods, human medicine and dietetic products for medical use, the applicant shall provide copies of permit issued by relevant government departments. The said copies of permit shall be submitted together with the filing document without lateness.
　2.Certificate(s) of manufacture of the products. Certificate of manufacture of the products issued by the pertinent competent authority in the country of applicant when cigarettes, cigars or cut tobacco with packages are applied for.
　3.The Notarized declarations signed by person shown in the picture of product as trademark.

Appeal

　Assuming the application is refused, it may be appealed to the Trademark and Adjudication Board. The applicant shall state comment within fifteen (15) days from the receiving date of the notification.
　Any third party is not content with the decision made by the Trademark Review and Adjudication Board, may submit a legal action in court within thirty (30) days from the receiving date of the notification.

Opposition of Trademark

　Anyone may file an opposition against a preliminarily approved trademark within three months from the date of publication. Any third party is not satisfied with the decision made by the Trademark Review and Adjudication Board, may institute a legal action in court within thirty (30) days from the receiving date of the notification.
　Once the opposition is rejected, the registration shall be approved, and a certificate of trademark shall be issued. However, the opposition is established, the registration shall not be approved.

Recordation of Change of Name/Address

　For protecting the right of trademark, any changes shall be entered and recorded by the Trademark Office.
　Requirements for the Recordal of change of name/address are:
　1) Certified and legalized Power of Attorney by Chinese Consulate.
　2) Certified and legalized copy of change of name/address document.
　3) Office Forms.

Assignment

　The assignment of a trademark shall be registered and recorded in the Trademark Office. The assignment may be published after it has been approved, and the assignee may enjoy the exclusive right from the date of publication.
　The required documents are as below:
　1) Power of Attorney signed by the assignee and legalized by Chinese Consulate.
　2) Certified and legalized assignment document.
　3) Valid Chinese Certificate of Trademark Registration/renewal for endorsement.

License

　A trademark owner may license a person to use its registered trademark on part or whole of the designated goods or services thereof. The trademark license contract shall be submitted to the Trademark Office for record.
　License would be recorded on the presentation of the following documents:
　1) Licensing Agreement signed by both parties, notarized and legalized by Chinese Consulate.
　2) Power of Attorney from the Licenser and Licensee, notarized and legalized by Chinese Consulate.
　3) Valid Chinese Registration or renewal certificate for endorsement.

Change of Mark/Class

　Any changes to a registered trademark shall be entered and recorded by the Trademark Office. The trademark owner possesses the legal right to change the mark or classification.
　The required documents for change of mark/classification are:
　1) Certified and legalized Power of Attorney.
　2) Certified copy of change of mark/classification documentation.
　3) Valid Chinese registration /renewal certificate for endorsement.
　4) Ten samples of the new mark

Renewal

　The term of granted trademark is extendable within six months before the expiring date. There is a six-month grace period after the expiring date. The term of ten years shall be provided per renewal.
　The following documents is required:
　1) Certified and legalized Power of Attorney.
　2) A copy of the Chinese Certificate of Registration or Renewal.

Infringement of Trademark

　Where anyone has committed any of acts to infringe the exclusive right to use a registered trademark and has caused a dispute, the parties involved shall resolve the dispute through consultation. Once the consultation fails, the trademark owner or third party may institute legal proceedings to the People's Court or request the administrative authority for industry and commerce for actions.
　Where any party is not content with the decision of the administrative authority for industry and commerce, may institute legal proceedings to the People's Court within fifteen days from receiving date of notification.
　Assuming there is no legal proceedings or performance of the decision upon expiration of the said period, the administrative authority for industry and commerce may request for compulsory execution thereof to the People's Court. Upon the requests, the administrative authority for industry and commerce handling a dispute may mediate on the amount of compensation. In case of the medication fails, the party may institute legal proceedings to the People's Court.

Cancellation/Dispute

　Where a registered trademark was obtained by fraud or any other unfair means, the Trademark Office shall cancel registered trademark. Any organization or individual may request the Trademark Review and Adjudication Board to make adjudication to cancel said trademark.
　The trademark owner or third party may request for an adjudication to cancel the registered trademark within five years from the date of registration.