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.

 

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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 !

Vietnam Trademark Registration

Vietnam Trademark Registration

Vietnam trademark registration are required register IP protection at National Office of Intellectual Property of Vietnam (NOIP). National Office of Intellectual Property of Vietnam (NOIP) is the government body responsible for registering IP protection.

 

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Vietnam Trademark Applications

Each application can be used for one trademark only. However, multi-class applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application. The goods and/or services under the application must be classified according to the International Classification of Goods and Services under the Nice Agreement

 

The NOIP accepts a general power of attorney for trademark filings of one applicant. In case the power of attorney specifies particular marks of the trademark applicant, then separate power of attorney will be required for any subsequent marks of the applicant not specified in the original power of attorney. Requirements to the Power of Attorney. The POA must be submitted within 1 month from filing the trademark application in Vietnam. Notarization or legalization is not required. However, the certified copy of the priority document must be translated into Vietnamese.

 

Vietnam Trademark Examination

All trademark applications will be examined by the National Office of Intellectual Property of Vietnam (NOIP) with respect to formality requirements. If the application is found to satisfy the formality requirements, then it will be accepted as legitimate by the NOIP in a Notification of Acceptance which provides official filing date, official filing number, and priority date if any. In case the application does not meet the formality requirements, the NOIP will reject the application by a Notification of Refusal of Acceptance or request corrections or amendments, as the case may be.

 

Upon expiry of the formality check and where the application is accepted as legitimate, the application will be published in the IP Gazette from the acceptance date and then, passed to substantive examination which takes place within a 06 month period from the date of publication of the application. The substantive examination is to consider whether the claimed trademark (i) possesses distinctiveness and (ii) is of those signs excluded from trademark protection.

 

Acceptance of Protection

If upon expiry of the substantive examination, the trademark is found to be registrable, the NOIP will grant Certificate of Trademark Registration for the trademark, and publish the Certificate in the IP Gazette.

 

Where the trademark is unregistrable, the National Office of Intellectual Property of Vietnam (NOIP) will issue a Notification of Examination Result of Application notifying the applicant of the intended refusal of grant of the certificate and reasons therefore, or of the deficiencies or amendments which should be corrected or made. The applicant has 2 months to reply or make necessary amendments. If the applicant fails to reply or the response is not appropriate, the NOIP will officially issue a Notification of Refusal of Granting Certificate of Trademark Registration. To the contrary where the response is satisfactory, the Certificate of Trademark Registration or Decision of Acceptance of Protection will be granted as above mentioned.

 

Vietnam Trademark Protection

 A certificate of Vietnam trademark registration shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term. Renewal request may be filed late within a 6-month grace period.

 

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

New Zealand Trademark Registration

New Zealand Trademark Registration

New Zealand trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. New Zealand trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in New Zealand.

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New Zealand Trademark Search

Before filling a New Zealand trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

 

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

 

Filing an New Zealand Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file a New Zealand Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

 

New Zealand Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

 

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

 

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

 

If the registrar issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

 

New Zealand Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.

 

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

UK Trademark Registration

UK Trademark Registration

The legal basis of UK trademark law is the Trademark Law 1994. The United Kingdom is a member of the Paris Convention and the Madrid Protocol. 

Conditions for the Registration of UK Trademarks
Application for registration as a trademark symbol must be significant, that is able to distinguish their products or services with others to provide the product or service area.

Words, designs, letters, numbers, product shapes or their packaging may be registered in the UK as trademarks, but certain marks may not be registered (Trademark Law 1994, Articles 3 – 8), including:

  • offensive signs, such as pornographic images;
  • A purely descriptive mark that merely describes the characteristics of the relevant product or service;
  • misleading signs;
  • too common signs, not significant, etc.;
  • is a generic name in the business sector;
  • Signs with special protection such as the national flag.

Requirement for UK Trademark Registration

  1. Trademark search/registration form (provided by Tannet).
  2. A sample of trademarks in JPEG format.
  3. The goods or services used in the designation of the trademark (according to the Nice International Classification Table)
  4. A copy of the applicant's identification document (a copy of the business license is provided at the time of application, and a copy of the personal ID card and a business license of the individual business owner with the individual as the person in charge) .

 

Contact us :

If you have further queries, please contact Tannet

Malaysia hotline:603-21418908;

Email: mytannet@gmail.com

TANNET GROUP : http:www.tannet.com.my

Malaysia Trademark Registration

Malaysia Trademark Registration


Malaysia Trademark Registration, the protection is governed by the Trade Marks Act 1976 (TMA) and the Trade Marks Regulation 1997 (TMR). The TMA came into force on 1st September 1983, while the TMR, which repealed the initial Trade Marks Regulations 1983, was enforced on 1st December 1997.

 

With effect from 1 December 1997, service marks are also registrable. For convenience, the term "trademark" when used herein also includes "service mark" unless indicated otherwise. Any mark used/proposed to be used in relation to goods or services to indicate a connection in the course of trade between the goods or services and the person having the right to use the mark can be registered. In this regard "mark" includes any device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these elements. Marks in other than English or Malay are also prima facie registrable although certified translation and transliteration of the marks will be required to be furnished.

 

Malaysia Trademark Registration

Functions of Malaysia Trademark

Origin Function – A Malaysia trademark helps to identify the source and those responsible for the products and services sold in the market. 

Choice Function – A Malaysia trademark enables consumers to choose goods and services with ease while shopping. 

Quality Function – Consumers choose a particular trade mark for its known quality. 

Marketing Function – Malaysia Trademark plays an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising. 

Economic Function – Established trademark is a valuable asset. Trademarks may be licensed or franchised.

 

Malaysia Trademark Classification of Goods and Services

Malaysia Trademark Registration Office (MYIPO) generally follows the International Classification of Goods and Services under the Nice Agreement (also known as the Nice Classification), which sets out forty-five (45) different classes of goods and services. The listing of goods or services is very important as the use of the trade mark will be limited to such goods or services as listed in the application.

 

Malaysia Trademark Applicant

Any person (an individual, corporation or business) who claims to be the bona fide proprietor of the mark may apply for trade mark registration.

 

Malaysia Trademark Registration Duration

After the trademark is registered, a certificate of registration will be issued to the applicant. The Malaysia trademark registration is valid for ten years from the date of application and it is renewable indefinitely every ten (10) years.

 

Contact Us

If you have further queries, please contact Tannet Group.

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net