Companies facing provisional refusal for trademark registration can act to reverse it
Kristina Koehler-Coluccia
Setting up companies in China for over 20 years | Specialized in China accounting, tax and payroll
This week's top 3?articles from Woodburn
No 1: Companies facing provisional refusal for trademark registration can act to reverse it
Foreign companies operating in China have always had difficulty protecting their brands and intellectual property. In recent years, Chinese authorities have focused in the area of trademark protection refusing to register bad faith trademarks and cleaning the registration system.? Bad faith trademark squatters have been a problem in China for many years. This is causing brand owners to try to protect their IP rights by defensively filing trademark applications, to avoid preemptive filings by those looking to file in bad faith.?
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No 2: Geographical names may not be registered as part of a trademark in China
Many international companies include their place of origin in their trademarks, as a way to indicate the source and quality of the product. Though adding geographical names to trademarks may increase product sales, in China, this characteristic is restricted by the Trademark Law. Article 10.2 of Trademark Law states that the geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification mark shall be exclusive.
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No 3: China Trademark Office clarifies classification of similar goods and services
In order to add more clarity to the cataloging of goods, the China Trademark Office published a document which explains the Chinese version of the Classification of Goods and Services and helps determine their similarity. Last December, the China National Intellectual Property Administration (CNIPA) issued the Guidance on the Correct Understanding of Classification of Goods and Services for the Purposes of Trademark Registration.
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Woodburn Accountants & Advisors is specialized in inbound investment to China and Hong Kong. We focus on eliminating the complexities of corporate services and compliance administration. We help clients with services ranging from trademark registration and company incorporation to the full outsourcing solution for accounting, tax, and human resource services. Our advisory services can be tailor-made based on the companies’ objectives, goals and needs which vary depending on the stage they are at on their journey.
Can Woodburn help you? Woodburn Accountants & Advisors have helped global brands protect and save their assets in China and Hong Kong. We provide:
Trademark advisory We advise on best practices, such as what brand assets to register, in which classes and sub-classes and ownership of those registrations.
Trademark search We recommend conducting local database searches to check and verify whether identical or similar brand assets have already been filed or registered
Trademark registrations We can be appointed as your trademark agents. We manage all the paperwork involved on your behalf. The time frame of the registration process in China is between 12-18 months and in Hong Kong it is 6-12 months.
Trademark renewal Upon approval trademarks are valid for a period of 10 years, this is applicable in both China and Hong Kong. As your trademark agent we will notify you when your trademark is up for renewal and we take care of the process on your behalf.
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