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What’s trademark?

A trademark is a sign that identifies and distinguishes the source of the goods or services of one party from those of others. In market economy, trademarks play a significant role in guiding market business, boosting national economy and protecting consumers’ rights and interests.

Procedures for Trademark Registration

After the acceptance of the application for trademark registration, the procedures for trademark registration includes the following periods: formality check, substantive examination, being preliminarily approved and published, opposition and being approved for registration. The opposition period includes three months from the date of the publication, any person may, within this period, file an opposition against the trademark that has, after examination, been preliminarily approved. Where any party concerned is dissatisfied with the Trademark Office’s decision of refusal of the registration application, decision of opposition and decision of cancellation, he or it may apply for a review to the Trademark Review and Adjudication Board. Where any party concerned considers a registered trademark to be improperly registered, he or it may apply for cancellation of the trademark to the Trademark Review and Adjudication Board. Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may institute legal administrative proceedings with Beijing No. 1 Intermediate People's Court.

Period of Validity of a Registered Trademark

The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration. Where the trademark registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed, yet extra fees shall be charged for the delay of renewal. If no application has been filed at the expiration the grace period, the registered trademark shall be cancelled. The period of validity of each renewal of registration shaIl be ten years.

Exclusive Right to Use a Registered Trademark

Once a trademark is approved and registered, the trademark registrant is entitled to the exclusive rights to use the trademark, which includes:
1. Right to use the trademark: the trademark registrant is entitled to use the trademark in respect of the goods and service approved and use it in relevant business.
2. Exclusive right: the trademark registrant enjoys the exclusive right to use the registered trademark, no one else shall use identical or similar trademarks in respect of identical or similar goods and services.
3. Right to license; the trademark registrant is entitled to authorize other to use the registered trademark by signing a license contract in accordance with the law.
4. Restraining Power: the trademark registrant is entitled to prohibit any one from using identical or similar trademarks in respect of identical or similar goods and services without permission.
5. Right of mortgage: the trademark registrant is entitled to set a mortgage with the registered trademark in business.
6. Right to invest: The trademark registrant has the right to regard its registered trademark as the intangible assets and make the investment according to the due course of law according to the legal provisions
7. Right of assignment: the trademark registrant is entitled to assign the registered trademark to any one else in accordance with law, either paid or unpaid.
8. Heirdom: The registered trademark can be inherited by its rightful heir according to the order of inheritance as the incorporeal property.