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chinese patent

appointment of patent agency:

pursuant to article 19 of the chinese patent law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in china applies for a patent, or has other patent matters to attend to, in china, it or he shall appoint a legally incorporated patent agency to act as its or his agent.

patent application documents:

(1) for invention, the request, the claims, the description, with accompanied drawings if appropriate, the abstract, and the drawing accompanying the abstract if appropriate; and

(2) for utility model, the request, the claims, the description, with accompanied drawings, the abstract, and the drawing accompanying the abstract;

(3) for design, the request, the pictures or photographs of the design, and brief explanation of the design.

applicable language:

except for certificates or evidence materials provided by foreign government departments or created in foreign countries, the patent application documents and other documents shall be in chinese.

national phase of china

time limits applicable for entry into the national phase:1
under pct article 22(1): 30 months from the priority date
under pct article 39(1)(a): 32 months from the priority date

requirement:

1.poa

2.patent draft in chinese

3.applicants information (name. address. business registration number/passport number)

4.inventors information (name, 1st inventor needs to provide passport number)



chinese trademark registration


china accepts first-to-file principle.this principle says that where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the trademark office will approve the trademark application which is first filed. where applications are filed on the same day, the preliminary approval shall be given to the trademark which was the earliest used, and the applications of the others shall be rejected and their trademarks shall not be published.


requirements:

1. poa

2. applicants information (name, address, copy of business license/copy of passport and its chinese translation)

3. mark

4. goods/services


trademark registration in other regions


hong kong

hong kong belongs to anglo-american law system, the registration of the hong kong trademark is based on “first-to-use” principle. trademarks must be registered via the hong kong intellectual property department, and the trademark laws and regulations are completely independent of mainland china. also, hong kong is not a member state to the madrid protocol, hence, there is only one single way to be registered.

in hong kong registered trademarks are valid for a period of ten (10) years from the registration date. they can then be renewed for subsequent ten-year periods indefinitely.


macau
macau is a “first-to-file” jurisdiction, meaning that it is necessary to register a trademark in order to obtain proprietary rights over it. trademarks must be registered via the economic bureau of the macao special administrative region, and the trademark laws and regulations are completely independent of mainland china.

the applicant shall indicate on the application the class of goods and describe the goods with which the mark is used, based on the prescribed schedule of classes of goods, and shall file an application, meanwhile,the applicant can apply the same trademark for goods in different classes with an application.

in macau registered trademarks are valid for a period of ten (7) years from the registration date. they can then be renewed for subsequent ten-year periods indefinitely.


taiwan
trademarks must be registered via the intellectual property office of taiwan, and the trademark laws and regulations are completely independent of mainland china. meanwhile, taiwan is not a member state to the madrid protocol.

the applicant shall indicate on the application the class of goods and describe the goods with which the mark is used, taiwan does not use the nice classification and has its own classification of trademark registration.

in taiwan registered trademarks are valid for a period of ten (10) years from the registration date. they can then be renewed for subsequent ten-year periods indefinitely.

singapore
singapore is a “first-to-file” jurisdiction, meaning that it is necessary to register a trademark in or der to obtain proprietary rights over it. trademarks must be registered via the intellectual property office of singapore. singapore is also a member state to the madrid protocol. thus, the extension of an international registration of a trademark via the madrid system is possible for this country.

the applicant shall indicate on the application the class of goods and describe the goods with which the mark is used, based on the nice classification, and shall file an application, meanwhile,the applicant can apply the same trademark for goods in different classes with an application.

in singapore registered trademarks are valid for a period of ten (10) years from the registration date. they can then be renewed for subsequent ten-year periods.


japan
japan is a “first-to-file” jurisdiction, meaning that it is necessary to register a trademark in or der to obtain proprietary rights over it. trademarks must be registered via jpo. japan is also a member state to the madrid protocol. thus, the extension of an international registration of a trademark via the madrid system is possible for this country.
the applicant shall indicate on the application the class of goods and describe the goods with which the mark is used, based on the nice classification, and shall file an application, meanwhile,the applicant can apply the same trademark for goods in different classes with an application.
in japan, registered trademarks are valid for a period of ten (10) years from the registration date. they can then be renewed for subsequent ten-year periods.



we also provide direct japanese, australian, new zealand, uk, us trademark registration service. request for quotation at .


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