Thursday, July 1, 2010

New Trademark Rules in China is Effective from Today, July 1, 2010

We would like to draw you attention that the Chinese Trademark Office (CTMO) has recently published new requirements on various application formalities to be filed with the CTMO, including new applications, oppositions, cancellations, assignments, recordals etc. which will take effect as of 1 July 2010 (the "Requirements"). Non-compliance of these new requirements will result in automatic rejection of the applications. 
We list some of the significant new requirements of the new rules as follows:
1. Documents required:

a) Signature/Seal on various forms:

One of the most important changes is that applicant must sign and/or affix the company seal on the application forms for the above matters before submitting the applications to the CTMO. Therefore, it is important that you timely provide us with the information and documents required for filing any applications with the CTMO. Such a requirement applies to the detailed grounds of oppositions to be filed within three months after the short holdings of oppositions as well.

Though such a requirement was strongly objected by many agents in a meeting held on June 25, the new rules will be strictly executed.

Note: The signature or seal on the application forms must be the same as on the Power of Attorney

b) Identification of the applicant

If the applicant is a company or other kind of entities: A copy of document proving the legal entity of the applicant must be provided e.g. Certificate of Incorporation or Business License. 
If the applicant is an Individual, a copy of his/her ID card or passport is required, and his/her ID or passport number will be filled in the application form.

c) Power of Attorney

A copy of an executed Power of Attorney is required (remain unchanged).

Note: All the above documents must be printed on A4 size paper.

2. Information Required: 

a) Applicant's Name 

The name of the applicant must be consistent with the one shown on the documents proving the applicant's identity and on the company seal.

 b) Applicant's Address 

The address of the applicant must be consistent with the one shown on the documents proving legal entity of the applicant.

3. Minor Changes:

a) Type or Print: All information must be typed up or printed, and all the forms must be consistent with those set out by the CTMO. 

b) Nationality of the Applicant: It must be filled in accordance with the document proving the identification of the applicant. 

c) Description of the mark: The meaning of the words in the mark shall be provided (including foreign language in stylized form, language of minority group, words of special font, description of 3D/ coloured mark, disclaimer of certain parts of the mark and any other things that the applicant needs to clarify.
d) For Joint Applicants: The names of the other applicants must be stated on the annexure provided to the application form with each of the applicant sealing their company seal next to their respective names. 
e) Evidence in Opposition: Please note that for evidence in foreign languages, their respective Chinese translations must be provided.

Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Research Papers:

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