China Trademark Assignment Recordation

China Trademark Assignment Recordation

Trademark (or service mark) assignment recordation is Transfer of one’s ownership of a mark to another person or entity. The prior owner (assignor) gives up all rights to the mark to the new owner (assignee), who is then expected to maintain the level of quality previously associated on the goods or services represented by the mark.

 

transfer ownership c

A trademark is a form of property. You can sell, bequeath or transfer your rights to someone else through an assignment. To avoid ownership disagreements, you should formally tell the Registrar about changes in ownership. Besides, you should also tell the Registrar about anything else that affects who owns a trademark, such as a change of name or a business merger.

 

What is the requirement for the China trademark assignment recordation (trademark transfer ownership)?

The China trademark assignment recordation (trademark transfer ownership) can be performed for registered trademark only. The pending status of the trademark cannot be transfer ownership as the mark has not accepted and still not belong to the applicant.  The expired but restorable marks must be renewed before a change of ownership can be recorded.

 

What is the essential procedure of trademark assignment?

As what I have mentioned before, there are three ways of trademark assignment. No matter by which way the assignment of trademark occurred, the assignor and the assignee should go to the Trademark Office to go through the corresponding formalities of assignment. To specified that the trademark assignment must be approved by the China Trademark Office. If the assignor and the assignee don’t go to the China Trademark Office to go through the corresponding formalities of assignment and get the approval of the China Trademark Office, the trademark cannot be assigned from the owner to the other party.

 

What is the required document for assignment of a China trademark recordation?

We mainly introduce the required document for assignment of a trademark by a contract (Deed of Assignment). The required documents are as follows:

(1) The trademark assignment of contract (Deed of Assignment);

(2) The identified document (scanned copy is enough) of both assignor and assignee;

(3) The Power of Attorney.

 * All the document must be translated to Chinese.

 

How long it will take to go through the formalities of China trademark assignment recordation?

In general, it will take about 6 months to 12 months from filing an application for trademark assignment to getting the certificate of approval of trademark assignment issued by the China Trademark Office.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

 

A Guide for China Trademark Registration

A Guide for China Trademark Registration

Step 1.

Find TANNET to assist you with registering your trademark. TANNEThelps to conduct an official search of existing trademarks and their status, both by using the official database and by filing with the CTMO. TANNET is also important because your application must include a Chinese translation.

Step 2.

Identify the laws which regulate trademark registration between your country and China.

Step 3.

Determine the classification of commodities under which you will register your trademark and the scope of your trademark claims.

Step 4.

Ensure that your trademark adheres to Chinese laws and restrictions.

Step 5.

If your trademark has been registered first in another country, you are eligible for a right of priority in China (6 months from the day filed in a foreign country).

Step 6.

Apply for registration with the China Trademark Office (CTMO). The application shall undergo a preliminary examination (to determine document authenticity), followed by a substantive examination. If it passes these examinations, the Trademark Office will publish the application, which, if not opposed, will be registered after three months.

Attention:

Registration of a trademark is a rigorous work. It is better to choose a qualifiedagency which could guarantee your lawful rights for your company, and HongKong TANNET Group Limited will be the one to help you with registration of Chinese Trademark and Hongkong, patents and ISBN.

 

For further questions,please feel free to contact TANNET at anytime, anywhere by simply email to mytannet@gmail.com or

calling hotline : +603-21418908

Our experience at your service !

China Trademark Registration

China Trademark Registration

A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, designated for specific market, and is used to distinguish its products or services from competitors.

 

Types of China Trademark

a) Word Mark e) Commodity Trademark
b) Figurative Mark f) Certification Mark
c) Combination Trademark g) Associated Mark
d) Service Mark h) Defensive Trademark                                        

 

Application Criteria

Individual holds

a) A certified true copy of passport / identity card

b) A trademark photo in JPEG file

Organization holds

a) A copy of notarized company form 9

b) A trademark photo in JPEG file

 

Application Procedures

Trademark Design → Trademark Search → Application Submission → Notice of Acceptance →

Trademark Examination → Trademark Publication → Complete Registration

 

Trademark Design

Trademark naming avoids a straight relation with the functions of goods; Trademark design is theme-oriented and reasonably arranged. TANNET does provide trademark design service.

Trademark Search

Before filing your application, it shall be determined whether the mark to be registered is pending registered or has been registered the trademark rights. Trademark search can minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

Application Submission

The application shall include the following elements to get the acceptance from China Trademark Authority.

a) Authorization letter of registration

b) Qualification certificate of applicant

c) A clear drawing of the mark

d) Lists 10 products which to be protected under same category

Notice of Acceptance

Once the China Trademark Authority receives your application of trademark registration, they will give you an application number and issue the Notice of Acceptance within 3 months.

Trademark Examination

After the China Trademark Authority determines that you meet the minimum filing requirements, the application is forwarded to an examining attorney. This may take few months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees. A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

Trademark Publication

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is three months at the China Trademark Authority.

Complete Registration

If no party files an opposition or request to extend the time to oppose, the China Trademark Authority will normally register the mark and issue a registration certificate. The registration date will be effective from the date of application filing.

Timeline

It could take approximately 1-2 working days to get the certificate. The term of validity is 10 years from the date of trademark registration, in which period no extra fee is imposed.

 

We have more services than abovementioned such as China Trademark Transfer, China Trademark Authorization, China Company Formation and Hong Kong Company Formation, etc.

Contact Us
If you have further queries, please contact Tannet Group.

24 hours Malyasia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours China hotline:86-755- 36990589;
Email: mytannet@gmail.com
Our Inforamtion Center : http://www.ono-bbb.net
Accountant’s Service : http://3737580.hk/eng
TANNET GROUP : http://www.tannet-group.net

 

 

 

Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

Brand Designing

Brand Designing

A brand is a unique design, sign, symbol, words, or a combination of all these, employed in creating an image that identifies a product or service. A brand is important as it distinguishes your product or services from that of your competitors.

 

Construction site crane building a blue 3D text. Part of a series.

Construction site crane building a blue 3D text. Part of a series.

Branding is the process of creating and disseminating the brand name. Branding can be applied to the entire corporate identity as well as to individual product and service names. Branding is vital to a company as it refers to the perceived image and subsequent emotional response to a company, its products and services. Company should place great emphasis on branding as it affects the level of credibility, quality, and satisfaction in the consumer's mind.

 

What to consider before designing a Brand?

1. How will the brand be perceived against competitors in the market?

2. What is the positioning statement of your brand?

3. What is the selling point of your product?

4. Who is your targeted audience? Are they digitally savvy?

5. What is the long term vision of the brand?

6. What is the impression of the brand that you want to create to the public?

7. Other brand image concerns: market awareness, emotional associations, value to the consumer, brand perception vs. consumer behaviour, changes desired in the brand-consumer relationship over time.

 

Brand designing should take into account how, what, where, when and to whom you plan on communicating and delivering your brand messages. Advertisement location should also be planned ahead.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my

Criteria of China Trademark Registration

Criteria of China Trademark Registration

China trademark registration are registered through the China Trademark Office. The State Administration of Industry and Commerce is responsible for administering trademarks.

 

China trademark registration is follows a "first-to-file" rule for obtaining trade mark rights. This means that the first person to file a trade mark application will generally have priority over a prior user of the trademark in China. It is advisable to file China trademark applications in China market as soon as possible.

 

However, whether the China trademark applied for being published or refused depends on whether it is identical with or similar to the trademark of another person who enjoys priory in respect of the same or similar goods, where it is identical with or similar to the trademark of another person which, in respect of the same or similar goods, has been registered or, after examination, preliminary approved, the China Trademark Office shall refuse the application and shall not publish (the said trademark).

 

BrandPuzzle

Below are the Criteria of China Trademark Registration:  

1. Identical of verbal trademark means that in the same language, the verbal elements, pronunciation and meaning of the trademarks are the same, the figures forming the trademark have no difference in view or the difference is minute.

 

2. If the verbal elements of the trademarks using the same language are same in meaning and refer to the same object, but are different in pronunciation and form, and there is great difference in overall structure, they will not be decided as similar trademarks usually.

 

Tannet have a group of talented and creative designers who were specifically chosen for leadership and experience in the field. Please visit our Showroom for a display of their talent. You can browse through the marks they have designed to the specifications of clients. These marks are currently registered and used as trademarks. If you would like a logo designed you may simply give us an idea about the words you would like to use and any ideas you may have on the design. Or, simply tell us your business and our designers can create and customize a suitable, unique and attractive logo design to meet your marketing needs and corporate image. Tannet realize, that corporate image is the first important step towards building business competitiveness.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my