Trademark Registration in China
A Trademark registered in India will not protect your trademark in a foreign country. Trademarks are territorial, its
protection valid only within the borders of the territory/country where they are obtained registration. Therefore,
Trademarks are valid only in the country where it has been recorded and is not valid in other countries or worldwide
by default. However, you can file for registration separately in individual countries.
Below is the procedure for filing Trademark in China:
STEP 1:
The 1st step for Registering Trademark in China is to SEARCH (same as that of India) and the search can be made for checking
the availability of Trademark in China on CTMO’s (China Trademark Office) official website.
Services you can also use on the website are:
a. Searching for similar trademarks
b. Get complete information about different trademarks
c. The status of different applications
d. Public announcements
It is legal with updated informative trademark database.
STEP 2:
It involves the filing of Application for Trademark Registration on the official website of China i.e., CTMO. The Form
includes the same details as that of Indian Application form for Trademark Filing like: Details of the Applicant,
Trademark, Class, goods/ services description (as per the China Nice system for classification of mark which
has 45 class in total which are further divided into various subclasses of which 34 classes for goods and 11
for services, can be checked on the official portal of China mentioned above) and amount to be paid for Filing
the application is an official fee of RMB 800 (Chinese Yuan) Indian Currency is Rs. 8,000 per application covering
10 goods/services. If the number of goods/services exceeds 10 in one application, an additional fee of RMB 100
is charged for each of them.
STEP 3:
After filing the application for the Trademark registration the next step is the examination which is conducted to verify
that whether it complies with all the legal requirements for the registration (for instance, whether your marks
fall into a category which is excluded from registration on absolute grounds and whether your mark is in conflict
with any prior mark on the Trade Marks Register in the relevant or related classes).
In China, CNIPA (China National Intellectual Property Administration) is responsible to handle the applications of trademarks.
- CNIPA reviews the application and confirms whether you can proceed or if additional documents are required.
- CNIPA starts a thorough process to register the trademark which normally takes 6 months.
- Approves and issues the trademark which takes generally 2 months when the above process is finished.
- You will receive a certificate of approval within 2 additional months.
STEP 4:
After filing the Application for registration it will go through the following 3 stages in China:
- A formal examination where the CTMO verifies that the trademark file is complete and the corresponding fees have been
paid. - A substantial examination, where the examiner verifies that all the other requirements, absolute grounds (legality, non-functionality,
distinctiveness) and relative grounds (availability), are met. Once the trademark has passed this examination,
the trademark is preliminarily approved for registration. - Publication in the official trademark gazette, the publication date marks the start of a three month period during which third
parties may file an opposition with the CTMO. If no opposition is filed (or if an opposition is filed but fails),
the trademark is registered and the period of validity of the trademark (10 years) starts at the end of the 3
months opposition period and can be renewed from time to time after paying the prescribed renewal fees.
The time taken for the registration of a trademark in China, from the filing date to the issuance of the certificate, is
about 12 to 16 months for a smooth application. The time will be longer in case any objection to your mark is
been raised on absolute and/or relative grounds or if application opposed by the 3rd Party.
Trademark Registration in Hong Kong
A Trademark registered in India will not protect the trademark in a foreign country. Trademarks are territorial, its
protection valid only within the borders of the territory/country where they are obtained registration.
Therefore, Trademarks are valid only in the country where it has been recorded and is not valid worldwide by default.
However, you can file for registration separately in individual countries.
Below is the procedure for filing Trademark in Hong Kong:
The procedure for Trademark Registration in Hong Kong is similar to that of the Trademark registration in India.
Step 1:
It is also to be noted here that the Hong Kong Trademark Registry also offers the option of Search and Preliminary Advice
services to anyone who wishes to obtain information on trade marks from the Registry’s records. In which they
search the records and supply a list of trademarks that are the same as or similar to your proposed trade mark
and in respect of the same or similar class of goods or services. In addition to the search they also provide
preliminary advice as to whether your proposed trade mark is sufficiently distinctive so that it distinguishes
your goods and services from those of other traders, but they charge extra for these services i.e. (HK$400 for
each service plus HK$200 per each additional class of goods or services, if any) If you wish to use our Search
and Preliminary Advice services, simply complete Forms T1 and submit it with the appropriate fee to the Registry.
Step 2:
It involves the filing of Application for Trademark Registration under Form T2 (in India Trademark Application is filed
under Form TM-A). This Form includes the same details as that of Indian Application form for Trademark Filing
like: Details of the Applicant, Trademark, class, Agent’s Details, goods/ services description (as per the Nice
classification Hong Kong has 34 classes for goods and 11 for services Total 45, can be checked on the official
portal of Hong Kong i.e. www.ipd.gov.hk.com) and amount to be paid for Filing the application which is HK$2,000
per application plus HK$1,000 per each additional class of goods or services, if any. Upon receipt of your application
form (Form T2), Registry will issue a receipt notifying you the allotted application number.
Step 3:
After filing the application for the Trademark registration the next step is the examination of the Application in order
to see whether there are any deficiencies or not. And in case there is any missing information which is required
the Trademark Registry will inform you to provide the information. And if everything is in order the application
will proceed to the next stage (Search and Examination).
Step 4:
In this step the Examiner will check whether the application complies with all legal requirements for registration (for
instance, conduct a search of the trademarks records to see if the same or similar trademark has already been
registered or been applied for by another trader in respect of the same or similar class of goods and services
and also see if the trademark satisfies the registration requirements laid down in the Trade Marks Ordinance).
The examiner will then issue an opinion in writing which will either lay out the grounds for objection to the mark or confirm
the mark is acceptable for registration.
Step 5:
In this step if the requirements for registration are not met Registry will object to the mark. You, the applicant, have
6 months in which to meet the requirements. A further 3 months extension may be granted.
Registry will also provide opinion why the mark does not meet the requirements for registration and may suggest ways of overcoming
the objection.
After, reply are been filed by the applicant the Hong Kong registry is not satisfied with the Reply, then the registry again
issues the opinion after after the expiry of 6 months, at that time it is on the applicant whether he wants to
pursue the mark or he by satisfying the registration requirements (opinion provided by registry) or call for
a hearing. If you call for a hearing, all the evidence for and against the trademark will be considered at a
hearing, and a decision will be issued by a hearing officer.
Step 6:
Publication of Trademark: Once your trademark has been accepted for registration, it is published in the Hong Kong Intellectual
Property Journal.
Once the application is been accepted by the Registry and published in the official Gazette there is 3 months (In India
it 4 months) for anyone who wishes to oppose your registration. If there is no opposition within the prescribed
period, or if an opposition is overcome, your mark will be entered in the Trade Marks Register and a certificate
of registration will be issued to you.
After the application received by examiner, he will process it according to the stages set out in the diagram and described
above. If there are no deficiencies in the application and no objections to the trademark then the whole application
process can take as little as 6 months from receipt of application to registration.
Trademark Registration in Malaysia
A Trademark registered in India will not protect the trademark in a foreign country. Trademarks are territorial, its
protection valid only within the borders of the territory/country where they are obtained registration. Therefore,
Trademarks are valid only in the country where it has been recorded and is not valid worldwide by default. However,
you can file for registration separately in individual countries.
Below is the procedure for filing Trademark in Malaysia:
The procedure for Trademark Registration in Malaysia is similar to that of the Trademark registration in India.
Step 1:
The 1st step for Registering Trademark in Malaysia is SEARCH (same as that of India) and the search can be made for checking
the availability of Trademark in Malaysia on the official portal of Intellectual Property Corporation of Malaysia
(website: www.myipo.gov.my).
Step 2:
It involves the filing of Application for Trademark Registration under Form TM5 (in India Trademark Application is filed
under Form TM-A). This Form includes the same details as that of Indian Application form for Trademark Filing
like: Details of the Applicant, Trademark, goods/ services description (as per the Malaysia Nice system for classification
of mark which has 34 classes for goods and 11 for services, can be checked on the official portal of Malaysia
mentioned above) and amount to be paid for Filing the application which is RM370 per application and in Indian
Currency it is Rs. 6,270.
Step 3:
After filing the application for the Trademark registration the next step is the examination to be conducted by the Examiner/
Registrar of Malaysia to verify whether it complies with all legal requirements for registration (for instance,
whether your marks fall into a category which is excluded from registration on absolute grounds and whether your
mark is in conflict with any prior mark on the Trade Marks Register in the relevant or related class(es)).
MyIPO will thereafter issue either an acceptance letter (Form TM29) or an objection letter (Form TM70). It is to be noted
here, that Malaysia also has similar grounds (Relative and Absolute) for objecting to the registration of the
Trademark as that of India.
Step 4:
If no objection is been raised by the Registrar/ Examiner then the Trademark is published in the Government Gazette of
Malaysia but unlike India Malaysia, Trademark Registry charges Prescribed fees for the publishing the Trademark
accepted in the official Gazette.
And in case of any Objection raised the concerned applicant is required to file the reply for the said objection within
2 months in order to overcome the objections and if the objection is maintained after MyIPO has considered your
response, you can apply for a hearing to put forward your case before the Hearing Officer who shall decide on
your application.
Step 5:
Once the application is been accepted by the Registry and published in the official Gazette there is two months (In India
it 4 months) for anyone who wishes to oppose your registration. If there is no opposition within the prescribed
period, or if an opposition is overcome, your mark will be entered in the Trade Marks Register and a certificate
of registration will be issued to you.
The initial registration is valid for 10 years from the date of application and can be renewed from time to time after
paying the prescribed renewal fees. The time taken for the registration of a trademark in Malaysia, from the
filing date to the issuance of the certificate, is about 20 Weeks for a smooth application. The time will be
longer in case any objection to your mark is been raised on absolute and/or relative grounds or if application
opposed by the 3rd Party.
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