Our company offers services in registration of the trade mark, patent for invention and utility model in the territory of China. These services are primarily intended for companies whose products are sold in China. It is also important to protect the trademark for those customers who place production in China under its own brand, to avoid copying the design of their products.
In the past few years, the Chinese Government has made significant changes to domestic legislation governing the protection of intellectual property rights. Thanks to the development of Chinese legislation and its harmonization with international norms and standards for the protection of intellectual property, foreign enterprises now have ample opportunity to protect their rights.
When receiving an application from a client for the registration of intellectual property rights in China, our company first of all acquaints him with the procedure and terms of registration, because for the protection of each individual object of intellectual property right, it may differ substantially in the composition of the documents to be provided and in the time frame for obtaining registration certificates.
Let us consider the peculiarities of legal protection of intellectual property rights in China, which are most closely related to production and commerce and are most often demanded by our clients.
Trademark rights registration
Trademark (trademark, mark for goods and services, logo, brand) is any designation or any combination of designations by which goods and services of a particular manufacturer are distinguished and indicated.
The Law of the People’s Republic of China on Trademarks is in force in China. (Trademark Law of the People’s Republic of China), articles 6 and 47 of which provide that if goods which are marked with a particular trademark are produced or sold in China, the trademark must be registered in accordance with Chinese law. For violation of this rule, an enterprise marking products with an unregistered trademark shall be issued an administrative order obliging such an enterprise to carry out the registration procedure within the prescribed period of time; if the order is not complied with, the infringer shall be fined administratively.
In China, trademark registration at the request of a non-resident is carried out through patent attorneys. The procedure lasts about 18 months and includes a set of actions, which can be performed and controlled only by a professional. Trademark registration can be carried out by filing an international application under The Madrid System or by filing an application with the national patent office.
Specialists of UGL company will help you to determine the type of registration (international or national) depending on the individual characteristics of your business, will guide you through the list of necessary documents for registration, prepare a package of documents. After the preparatory procedures, we transfer the documents to Chinese patent attorneys with whom UGL has established close cooperation.
The procedure of trademark registration includes the following stages:
- Registration of a trademark application form.
- Examination and approval of the application (verification of compliance of the application and documents attached to it with the legislation of China, check of the trademark for repeatability in the declared classes of registration).
- Publication of data on the trademark (preliminary registration).
- Trademark registration, publication of information on trademark registration in special editions of China, issuance of trademark registration certificate.
Certificate of trademark rights registration is valid for 10 years from the date of its receipt and may be extended for another 10 years subject to special procedure. The certificate may be issued to a non-resident company as well as to a foreign natural person.
Receiving a patent in China
Patenting inventions, utility models and industrial designs in China can be done by filing an international application as well as a domestic application. Determining the type of patenting depends on the territory of which states the use of the object of registered intellectual property right is planned.
The maximum term of a patent for inventions and industrial designs is 20 years, for utility models – 10 years.
UGL specialists will help you to prepare all necessary documents, translate them into Chinese, prepare a patent application, as well as other documents (description, claims, etc.). The term of consideration of a patent application is 18 months.
The procedure for receiving a patent includes:
- Registration and filing of an application,
- Verification of compliance of the application with the norms of Chinese law,
- Conducting an examination of the suitability of an object for recognition as an invention, utility model or industrial design,
- Registration of a patent,
- Publication of information in specialized publications,
- Grant of a patent.
The current Chinese legislation provides that only a person who has the status of a patent attorney has the right to represent non-residents in the registration of intellectual property rights for an invention, utility model or industrial design.
The presence of UGL offices in several cities of the People’s Republic of China enables us to provide our clients with maximum efficiency and quality in providing patent registration services.
UGL specialists have been successfully registering intellectual property rights in China for over 12 years. Huge experience, knowledge of the peculiarities of Chinese legislation, the presence of a partner network in China gives us significant advantages. We practice a systematic approach to task fulfillment, provide our clients with advice on all arising issues at all stages of registration and protection of intellectual property rights.