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Frequently Asked Questions
Learn More About Trademark Registration
When I have completed the order, can I view the working procedure of my order online?
Yes. Please create an account when you place an order. Once you sign in, you can track the status and the Registration Procedure in your Account. On the order, you can check the Trademark Procedure and download the Official Documents from CNIPA online.
I placed an order, but why didn’t I receive the Official Gazettes in my Email?
Firstly, please create an account to get the Official Gazettes from China National Intellectual Property Administration (CNIPA). Secondly, If you are missing an email from us, please check in the SPAM. Find the email support@gwbma.com and move to “Inbox” and add the sender to the whitelist.
When Can I use ‘TM’ and ‘R’ Symbol with My Trademark in China?
In China, the Trademark is designated by the two symbols, ‘R’ and ‘TM’. The Trademark symbol ‘TM’ is a provisional symbol, used for applied but undetermined Trademarks before the Trademark Certificate. It acts as a warning symbol for potential infringers that the application, to claim the trademark is under process. The trademark symbol ‘R’ signifies the registered trademark. Once the application gets approved by the government, the ‘R’ (®) mark can be used by the proprietor for 10 years.
What is the Validity Period of a Trademark?
A registered trademark is valid for a period of ten years and may be renewed for a further period of ten years on the payment of renewal fees.
Is a Trademark registered in Mainland China Valid in Foreign Countries?
A trademark registered in China is valid only in Mainland China because every country has its own rules and regulations regarding the trademark.
What should I do if my trademark gets rejected?
According to Article 34 of the trademark law, if the applicant for trademark registration is not satisfied with this rejection decision, he may apply to the State Intellectual Property Office for reexamination within 15 days from the date of receiving this notice.
What is a famous trademark application?
Firstly, a famous trademark refers to a registered trademark that has a high reputation and commercial value, is well known to the public, and is recognized according to the law.
Secondly, the quality, environment, and safety management of the company should meet international standards and be recognized by the national authority.
Can I register a Trademark by myself in China?
According to the CHINA TRADEMARK LAW (Article 18), any foreign person or foreign enterprise intending to apply for the registration of a trademark or any other matters concerning a trademark in China shall appoint any trademark agencies which are established legally. The trademark agencies will submit the filing paper for you online (for the company applicant) or by mail (for the individual applicant). You can choose us as your appointed agency in China for your trademark registration.
The declaration material is not complete, the Trademark Office asks for correction, what should I do?
On the back of the correction notice, there is a detailed description of the supplement to the products/services. The applicant should fill in the instructions according to the requirements and send them back to the China Trademark Office.
What if the applicant asks to change address or company name?
The applicant may change the name, address, and proxy in the National Intellectual Property Administration (CNIPA). If you need you can contact us and our attorney will help you to finish the Changement.
How can I obtain the Invoice for the Trademark Registration?
You can download and print Invoice when you complete your orders. Meanwhile, if you want to download all the Invoices for your orders, please log in to your account.
What is Trademark Classification in China?
China follows the NICE Classification for trademark classes. The Nice Classification is an international classification of goods and services for the purpose of registering a trademark. The Trademark classification system consists of the 45 classes; 01-34 includes goods and 35-45 includes services. In other words, you have to register for the Trademark only under the 45 classes in China.
When I search by google, there are many China Trademark Office websites. Which one is real?
Don’t trust the Fake website named China Trademark Office. The real official China Trademark office’s website in China is China National Intellectual Property Administration (CNIPA).
What are the Priority Dates of 6 months for the China Trademark Application?
According to the Madrid Agreement, applicants who have filed trademark applications in foreign countries can use them as the filing basis for the China Trademark applications. As long as the Trademark application for the same trademark is filed within six months, the applicant can claim priority based on the foreign filing date, allowing them the benefit of the earlier filing date in their China application as well. If the overseas registration of trademarks not through the Madrid system shall not fall within the governing scope of the present measures.
I have registered the Trademark in English in China, do I need to register the Trademark in the Chinese Language?
Yes. The official language of Mainland China is simplified Chinese Characters. If you want to protect your brands, you’d better also register the Chinese Homophones and Synonym Trademark in the same classes. Meanwhile, the Trademark Chinese Language belongs to another Trademark.
How to Check the Availability of the Desired Trademark?
You can search the online Trademark Free Search Engine to check the availability of the desired trademark. And if you want to register the Trademark, our attorney will analyze the pass rate of the brand for Trademark Registration.
Can I Apply for an Existing registered Trademark but in a Different Class?
Yes, you can apply for the existing Trademark which is already registered but in a different class. However, the situation is different in the case of Famous Trademarks. You cannot apply for the existing Famous Trademark even in the different classes. This trademark application will have a high probability of getting objected to.
What about the same or similar trademarks applied on the same day?
- Apply to the priority of use principle, according to the notice of the National Intellectual Property Administration (CNIPA), applicants should hand in evidence of the date when they first used this trademark in 30 days.
- If the applicants first used the trademark on the same day or they did not use it at all, they need to negotiate and come to a conclusion of whom the trademark belongs to. Certainly, you could negotiate with the other applicant. That means, if there’s a conclusion, the agreement should be sent to China National Intellectual Property Administration (CNIPA) in 30 days. Similarly, if there’s no outcome of the negotiation, either with the supervision of the Trademark Office, the applicants draw lots, or the Trademark Office brings in a verdict.
What if the applicant changes the trademark name or graphics, or the minor item?
Normally, it should be refiled as a new trademark and the applicant should apply again.