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the European Union (EU) endorses or formally takes position on clusters participating Consulting the CTMO database is a relatively simple way of establishing if your trade mark is already owned by someone else or assessing if a trade mark that you wish to register is too similar to one that already exists; taking such actions can save your business time and resources. in the ECCP. Date of subsequent designation – relevant for international registrations. You need filling out the section 8, it is one online form, submit it with images, website screenshot and any information needed and last pay fees 100 USD. The chance of success will depend on the specifics of the case. The China Trademark Office (CTMO) receives millions of applications per year. The ECCP is in the process of updating some of the content on this website in light of Name of registrant - name of the right holder either in Chinese or in English if known. It may be possible to buy the trade mark through an online ‘supermarket’ or by negotiating directly with the trade mark owner, or through an intermediary such as a lawyer or trade mark agent. you cannot register ‘apple’ as a trade mark for apples. Only contract and cooperation customers can get the newest and most comprehensive information. Word mark search in each class : 100 : Device mark search in each class : 200 (1) Pre-filing search is not compulsory in China. and a minimum of one other search term. The average trade mark examination period is reduced to four months, while the average time to obtain trade mark registration is reduced to seven to eight months. This is recommended because trade marks which are too similar to existing trade marks will not be granted by the CTMO. You can search for China registered trademarks on CTMO’s (China Trademark Office) official website. The CTMO online database can be used to search for all trade marks registered or currently in the application process in China. Notably, this means that EU individuals and entities subject to EU jurisdiction are obliged to follow all EU rules and regulations on, This may mean that your trade mark has been registered in ‘bad-faith’ and is now effectively owned in China by someone else. Make your investment in brand building simple and effective with comprehensive trademark searching, watching, and end-to-end brand protection. The process is similar to the basic search, but you must input the International Class No. 版权所有:国家知识产权局 网站标识码bm30000002; 京ICP备05069085号 京公网安备 11040102700058号 京公网安备 11040102700058号 in individual copyright notices), content owned by the EU on this website is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. The status of different trademark applications This may mean you can prevent a potential bad faith registration. Site Search Domain Search Whois Lookup Trademark Search (USA) Links : Attorneys : Browse FAQs : Home Trademark Renewal Trademark Renewal in China: Trademark Renewal in China : Trademark registration in China lasts 10 years, after which you must renew your trademark registration. How can I search for trademarks in China? Perform a trademark search by text or image in brand data from multiple national and international sources, including trademarks, appellations of origin and official emblems. The CTMO recommends using Internet Explorer 6.0 to conduct the search as other browsers do not display the information correctly. This step will prevent you spending resources on an application which will be rejected and could delay your business operations in China. Creating and growing a brand is a complex process, made more difficult by differences in international laws, a lack of accurate data on potential competition, and IP infringement. © European Union, 2021. Patent and Trademark Pledge Financing in China Gains the Largest Increase in the 13th Five-Year Plan Period International Cooperation in Order to Facilitate Patent Application Shen Changyu's Interview with Xinhua News Agency:Creating a Holistic IPR Protection Framework for Quality Improvement China. The China Trade Mark Office (CTMO) receives approximately 5,000,000 applications annually from local and overseas applicants.In view of the volume, most common names/words would not be available for registration.Therefore, it is highly recommended that a search should be carried out to check if the brand name is available and/or registered by a 3rd party. Today’s blog post is a step-by-step guide to how to use the China Trade Mark Office (CTMO) database to conduct preliminary trade mark research yourself. of the author(s) and do not necessarily reflect the official opinion of EASME, B = This is a tool that helps you find your class; we recommend that you use our tool that is in english https://goo.gl/67e4vf; C = If you want to perform a trademark search by number, enter here your application or registration number. How To Conduct A Trade Mark Search In China, For an advanced search for identical or similar trade marks - SISTM, For trade mark application status - STMAS. As the disclaimer states, the information available on the database may not be 100% up to date and therefore can only be considered a preliminary search. Services you can use on the website are: Searching for similar trademarks. Trade mark agents can conduct a trade mark search on your behalf but you can conduct an initial search by yourself on the CTMO online database which records all trade marks applied for and registered in China. Every company, no matter how big or small, has some intellectual property (IP). The CTMO recommends using Internet Explorer 6.0 to conduct the search as other browsers do not display the information correctly. Notably, this means that EU individuals and entities subject to EU jurisdiction are obliged to follow all EU rules and regulations on, Trademark Registration in China is always overlooked and sometimes ingnored by foreigners. Though the China Trademark Office, or CTMO, states that trademarks should be processed within 9 months, the typical length of time to register a trademark in China is usually 12 months, and in some cases, longer. the accuracy of the data included in this website. The CTMO online database can be used to search for all trade marks registered or currently in the application process in China. The China Trademark Office is making way to facilitate the registration, recordals, renewal and assignments of trademarks. Extend protection of your Australian trade mark into China using the Madrid Protocol. made of the information contained therein. We strongly recommend seeking the advice of a trade marks attorney with expertise and experience filing in China. Top online China Patent and China Trademark searching are available on this web site. Welcome to China Patent & Trademark Office web site, the online Chinese patent & trademark resource. If you are planning to register the trade mark in Europe you can extend the registration to China through the Madrid Protocol. Search the trademark in the China search engine and check if the mark is under use in China. Patent search. To learn more about the China IPR SME Helpdesk and any aspect of intellectual property rights in China, please visit the online portal at http://www.ipr-hub.eu/. it is still in the application process and has not yet been published in the Trademark Gazette, most fields will be empty and will contain the following information on the examination process: The ‘Trademark Process’ field indicates the current stage of the registration process. Click on the field to link to the next page which contains more detailed information in Chinese: If you want to search for trade marks which may be considered similar to your trade mark, you can use the SISTM database. © European Union, 2021. Dealing with these, as well as with the companies they represent, is subject to EU and national applicable law respectively. If you want to obtain protection in China you must register with the China Trade Mark Office (CTMO) either by directly filing a domestic application or by filing an international extension through the Madrid System. The CTMO online database can be used to search for all trade marks registered or currently in the application process in China. In fact it should be taken seriously by investors if plan to develop business locally. This search is particularly useful to check for ‘bad-faith’ registrations in China. the European Commission or other European Institutions. If you want to search for all classes, leave this field empty. The Commission's reuse policy is implemented by the Commission Decision of 12 December 2011 on the reuse of Commission documents Unless otherwise indicated (e.g. Registering your trade mark in China can be complex, and success rates for self-filed applications filed through either route are low. A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand. By the end of the 2018, the CTMO will shorten the window for trademark search (time lag between the trademark details available on the CTMO website and the filing of the trademark application) from 3 months to 2 months. Trade mark name - includes the possibility to search for trade marks which are. International registration date – relevant for international registrations. Please note that it is possible that a trade mark application has been filed but the information is not yet available online as per the disclaimer mentioned above. Agent name – name of the legal representative if applicable. A trade mark registered in Spain, for example, is not automatically valid in China. International laws, including Chinese laws, grant legal protection to trade marks providing they comply with a few basic requirements: the mark must be distinctive; must not have previously been used by others in the same market; and must not describe the product, e.g. If the site contains If you do not have residency or a place of business in China you must apply through a local trade mark agent. taken on their basis.Read less. In the process of the 5th year renewal, you can search on USPTO website and find the date of registration. A comprehensive trademark search ensures mark availability to protect your brand in a first to file system. Individual SMEs and SME intermediaries can submit their IPR queries via email (question [at] china-iprhelpdesk.eu) and gain access to a panel of experts, in order to receive free and confidential first-line advice within 3 working days. A China Trademark Search is a distinctive brand or mark used by an individual to identify that the product or service originate from one and only source. The CTMO online database can be used to search for all trade marks registered or currently in the application process in China. The instant results save your time and screen out any unavailable patent or trademarks before further investing. Include logos or graphics (optional): Or, email any documents, logos or graphics to: This form will be used for the Trademark Search process in China. Search in the CTMO database and check that if there is any identical or similar prior mark. Publication of registration – this date indicates that the trade mark has been successfully registered by the CTMO. the European Union (EU) endorses or formally takes position on clusters participating In trademark legalese, China is a “first to file” country, which means the CTMO generally awards registration for a specific trademark in a specific product category to whomever files for it first—regardless of whether the trademark truly belongs to the filer. If the trade mark remains under examination, i.e. The most common type of IP right is a trade mark. A list of qualified trade mark agents can be found on the CTMO website. During the three month period between the bad-faith registration of your trade mark being published in the Trademark Gazette and the trade mark being granted, you can file an opposition with CTMO. The 10 years are counted from the day of registration. The database is available in both Chinese and English. If the trade mark has already been registered, you may be able to have the registration invalidated by filing a case with the Trade Mark Review and Adjudication Board (TRAB). Read more The database is available in both Chinese and English. This means that reuse is allowed, provided appropriate credit is given and changes are indicated. The information and views set out in this website are those Organised by European Cluster Partnerships, Commission Decision of 12 December 2011 on the reuse of Commission documents. Before you apply to register your trade mark in China you should check that it is available and has not been previously registered by another company (known as a ‘bad-faith’ registration), or is too similar to any other registered trade mark. The China IPR SME Helpdesk is an initiative by the European Union. The database is available in both Chinese and English. WIPO has facilitated the access to these databases with a view to the prevention of domain name disputes. The Helpdesk provides jargon-free, first-line, confidential advice on intellectual property and related issues, along with training events, materials and online resources. By signing up to our newsletter, you agree to our Data Protection Notice. (2) Pre-filing search is limited to the Trademark Office of the State Administration for Industry and Commerce of People’s Republic of China (CTMO)’s database only. in the ECCP. inter alia, export controls, restrictive measures, anti-terrorist financing and anti-money laundering, as well as the national measures “China Trademark Website” provides free search of trademark registration information, which is ONLY for reference without any legal effect according to the international practice. How to Conduct a Trade Mark Search in China. 3. In 2020, the CTMO examined 8.78 million trade mark applications, an increase of 6.43% compared to 2019. Analogy In the majority of cases, there must also be a link between the goods and services that you offer, and those applied for in the potentially conflicting mark. Dealing with these, as well as with the companies they represent, is subject to EU and national applicable law respectively. 2. The trademark search is based on the public trademark database of CTMO (China trademark office), any search activities that processed in China are all based on that database. Copyright © 2004-2018 China Trademark & Patent Law Office Limited. Chinese trade mark registration or application number – this search term can only be used if you know the registration number of a trade mark which has already been registered in China. Preliminary publication – following preliminary publication an opposition can be filed with the CTMO within three months. No field is compulsory but the more information you provide the better the results: By clicking on the result from your search you can see the full trade mark information: The trade mark information contains the following data: This differs from most European countries where a trade mark is registered only once and the same registration can cover a number of classes. Priority date – the date of the first filing abroad. content that does not yet reflect the withdrawal of the United Kingdom, it is The CTMO recommends using Internet Explorer 6.0 to conduct the search as other browsers do not display the information correctly. Search in the CTMO database and check that if there is any identical or similar prior mark. - Trademark means any sign used to distinguish goods or services of different organizations or individuals. In eSearch plus you can search by trade mark name, type, filing date and many other criteria, as well as use images to find similar-looking trade marks. To begin you need to choose one database: The SGTMI database allows you to make a basic trade mark search to show whether any identical or almost identical trade mark has already been registered in China. A = Trademark Class Number, here enter a number from 1 to 45. This field may include no information or the following in Chinese only. Why Conducting a Trademark Database Search in China is Important The process to register a trademark in China is often long and tedious. The CTMO online database can be used to search for all trade marks registered or currently in the application process in China. For more detailed information on trade mark registration please see the China IPR SME Helpdesk publication ‘Guide to Trade Mark Protection in China’. I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. Neither EASME, nor the Commission taken on their basis. For contract and cooperation, please feel free to contact: beijing@chinatrademarkoffice.com. In the context of international partnering with third countries, being listed on the ECCP website does not imply that The USPTO will not remind you or call you to renew your trademark. Trademark Office: Address: 1 Chama Nanjie, Xichengqu 100055 Beijing Telephone (86 10) 63 21 95 91: Telefax (86 10) 68 03 78 22: E-mail address: tonglei_1@cnipa.gov.cn: Title and name of head: Director General: Mr. Cui Shoudong The European Commission encourages the partnering of clusters through the European Cluster Collaboration Platform (ECCP) website. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors. The firm is established in accordance with the law and officially approved and recorded before the China Trademark Office (CTMO) under the State Administration for Industry and Commerce of P.R. The China IPR SME Helpdesk supports small and medium sized enterprises (SMEs) from European Union (EU) member states to protect and enforce their Intellectual Property Rights (IPR) in or relating to China, Hong Kong, Macao and Taiwan, through the provision of free information and services. Base on the search result, the risk assessment and professional advice will be given by the attorneys. The database can search marks in Chinese characters, Chinese pinyin, English letters, numbers, and acronyms, and by graphic elements. Make sure the trademark will not violate the China Trademark Law. inter alia, export controls, restrictive measures, anti-terrorist financing and anti-money laundering, as well as the national measures Please note that there may be a delay of up to several weeks between some applications being filed and appearing on the CTMO database. Trademark registration. Patent register. Before even starting to prepare your trade mark registration application in China, it is vital to be sure that an identical or similar trade mark hasn’t been already registered in China. This platform is an initiative of the European Commission funded by the EU programme for the Competitiveness of Enterprises and SMEs (COSME). Creative Commons Attribution 4.0 International (CC BY 4.0) licence. The CTMO recommends using Internet Explorer 6.0 to conduct the search as other browsers do not display the information correctly. unintentional and will be addressed. Please see the text box below on ‘How Similar is Too Similar?’. This type of search process is also available for Hong Kong and Taiwan. Risk Assessment and Advice Base on the search result, the risk assessment and professional advice will be given by the attorneys. or any person acting on their behalf may be held responsible for the use which may be The database is available in both Chinese and English. Trademarks are territorial in nature and therefore must be registered in every country. As an entertainment attorney, I get frequently asked to register a name for trademark protection. The database is available in both Chinese and English. EASME does not guarantee The SGTMI is a simple search engine which allows browsing by entering information into one or more fields.

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