General Information
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Type of Trademarks: |
Marks for goods, Service marks, Associated marks, Series marks, Certification marks, Collective marks or Sound marks |
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Type of Applicant: |
Company, Individual or Jointly. |
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Registrable Elements: |
Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority, Combination of colours, Sound, Hologram, Scent or taste. |
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Term of Protection: |
10 Years from filing date and renewable for 10 years within 6 months before expiry or 6 months after expiry with surcharge. |
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Priority Deadline: |
6 months from the priority application filing date. |
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Classification: |
11th Edition – Multi class application, Use of class headings. |
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Search: |
Applicable for Word and Device marks (Unofficial). |
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Examination: |
Absolute grounds. |
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Recordation Applicability : |
Application, Registrations, Partial recordation. |
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Time Frames (Up To): |
Search: 3 days. Registration: 7 months. - Filing to Examination decision 1 month - Examination decision to Publication 1 month - Publication Opposition Period 2 months - Registration to Certificate Issuance 3 months Renewals: 1 month. Recordation: 1 month. Appeal: 8 months. Opposition: 2 months. |
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Declaration of Use: |
Applicable. |
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Consent and Disclaimers: |
Acceptable to overcome refusal. |
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Cancellation Action: |
Applicable for Unlawful registration Non-use for a period of 5 years from the Registration before the Administrative Authorities and Courts. |
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Infringement Measures: |
Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment. |
Filing Requirements:
• Power of Attorney simply signed.
• Certified copy of the priority document, if priority is claimed. (May be submitted within 90 days from the filing date)
Renewal Requirements:
• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record)
Assignment Requirements:
• Power of Attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly notarized.
License Requirements:
• Power of Attorney simply signed by the Licensee.
• License agreement signed by both parties duly notarized. (Duration of agreement must be indicated and should not exceed the validity of the mark)
Merger / Mortgage Requirements:
• Power of Attorney simply signed.
• Certificate of merger / mortgage duly legalized notarized.
Name / Address Requirements:
• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.
Appeal / Opposition Requirements:
• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries.
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries.
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.
• Extracts from bills/invoices, etc., from the year of inception of the company.
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries.
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.