Trademark Information

General Information

Type of Trademarks:

Marks for goods, Service marks, Collective marks or Sound marks.

Type of Applicant:

Company or Individual.

Registrable Elements:

Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority or Combination of colours or Sound.

Term of Protection:

10 Years from filing date and renewable for 10 years within 1 months before expiry or 6 months after expiry with surcharge.

Priority Deadline:

6 months from the priority application filing date.

Classification:

11th Edition – Multi class application, Use of class headings and Addition to class heading .

Search:

Applicable for Word marks.

Examination:

Formality,

Recordation Applicability :

Applications, Registrations or Partial recordation.

Time Frames (Up To):

Search: 3 days.

Registration: 18 months.

-          Filing to Examination decision 6 months

-          Examination decision to Publication 6 months

-          Publication Opposition Period 2 months

-          Registration to Certificate Issuance 4 months

Renewals: 6 months.

Recordation: 3 months.

Appeal: 8 months.

Opposition: 8 months.

Declaration of Use:

Not Required.

Consent and Disclaimers:

Acceptable to overcome refusal.

Cancellation Action:

Applicable for Non-use for a period of 5 years from the Registration date before the Courts.

Infringement Measures:

Prevention of importation 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.
(All the above may be submitted within 60 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.

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.