The trademark registration is an important aspect regarding every company. A company or a product which always wanted to preserve its identity through registering the trademark. The brand is the main part of your identity. The brand shows the exact identity of your company or identity.
Let us check the trademark registration ways in China.
The trademark filing can be done by 2 ways. It includes
1) Apply a direct application to the Chinese Trademark Office.
2) Using the Madrid protocol extend the Australian mark into China’s professional way.
Probably, Registering the trademark in China is complex. We strongly recommend the advice of a trademark attorney with expertise in China. The attorney can guide you the most suitable filing method according to your business strategy.
Here we are going to share the incorporation process of trademark using the Madrid system.
1) List of goods and services:
The first thing that we need for the registration is the list of goods and services. Most countries including Australia divide the goods and services into 45 classes of the NICE Classification system. Significantly, China uses the classification system but it subdivides the category into sub roles. If your international application maintains the official NICE heading for Class 25 the CTMO assign you only some of the subcategories within the same Class 25. Items in different subcategories are not identified by each other. The person can register a single class without any knowledge in the existing categories.
In addition, The international application has the main list of the actual items but it may not be the same in every countries. In the international applications of China we can limits the goods and services by adding more sub classes on it. The limited list of items in the secretarial services can be covered by the main goods and services. Class 35’s retail services are not allowed in China’s trademark registration industry. Besides the attorney can advise on options against retail services. In summary the trademark registration in China is little complex and will get 100% success through the attorney advice.
2) Registration Certificate
In addition, to take the execution of a company at first you need to get an incorporation certification. Using the Madrid system for international registration cannot automatically be issued by the authority. Apart from this, we can request a fee from the CMTO. The trademark attorney can help you with this. The certification clearance sometimes takes several months to get complete.
3) Language Importance in Trademarks
In the case of consumer goods the Chinese trademarks are more important than English language trademarks in China. Because they give more priorities to their languages. Regarding the brand strategy you can register the Chinese mark in addition to English trademark. Correspondingly, Branding technique may help you to develop a strong Chinese language brand to demand Chinese consumers.
To last the brand protection via the Madrid system you need to base the international application on a directly registered Australian formation. If you are not willing to use the trademark in Australia then the Madrid system may not be the best option to register your Chinese language trademark. However, it is possible to use both direct filing and Madrid system with the CMTO in the trademark filing strategy.
How to protect our Brand?
Consider the Brand name as an asset
Your brand is your pride. Keep this in mind. Choose a different and unique brand name and keep it as your assets. When you register a company all you first need is a coherent trademark. Then only you can able to overcome the competition world in a simple manner. Every trader wants to be unique in their own way. For this, they needed to crawl an extra different name as their brand name.
Consider the type of trademark that you need
The trademark may be a word, image, combination of words or a slogan. Here you wanted to do is protect them for as your asset. At first choose which type of trademark you wanted in your firm. The trademarks incorporation strategy include color, shape, sound or any action. That must characterize your business. That reflects the identity of the goods or business.
Avoid the brand of somebody
Do the crosschecking of others logo with your brand. Then only you can confidently place your mark as your own. The crosschecking with the existing one is really needed. We do not know about the brand name of others. Through the crosschecking we can get an exact idea about our brand name usage and all. Neither needs any consultants’ opinion for choosing the brand name.
Select the correct goods or services
Before you choosing a trademark or applying for the trademark registration you needed to do is select the relevant goods or service that you wanted to use in further process. Here in Australia they group their services and goods into 45 classes. The protection of the trademark is under three classes. For computer software class 9, for financial assistance class 36 and for software service class 42.
Choose the correct application process
There are basically 2 options are there to register a trademark. The standard application or using TM services. When a person registers the standard application it will be available within a shorter period and get published a slight rate of time. The TM service is a pre-application process and the fees are slightly higher. The person gets an assessment of your application before officially apply. This states that the registration becomes easier and can overcome certain barriers for the registration by the help of an examiner and can make any further amendments.
What should we do if someone hacked our trademark?
This is really a worst situation that every trader may have to face. If such instance occurs it is really harmful to recover from that.
There are some options are available to manage this situation.
1) Firstly you can negotiate a reasonable price with the trader who currently using your brand. And bargain your trademark from him. This really gets hurt and it is the most reasonable solution to get the sign.
2) Then you have to oppose the process or make invalid the process. Here the success rate is very low.
3) Neither you can build a new brand in the Chinese market.
Build your Business
Choosing the company name or product name is the main consideration of starting your own business.
When you start your own business please consider the below plugs
- Deciding a business name
- Consider and check the business name, trading, and legal name
- Company name registration
- Website name authorization
How do you maintain the protection of your brand?
The brand protection is varying from the successful registration scheme. The protection is a big part. It contains lots of subcategories. The active review of the trademark can prevent the violation in our brand. And also can avoid critical issues happening within it.
Thus we have to conduct the regular basis brand audits. The brand audits make the registration further principles easier and make more protection on your brands.
Let’s educated on the importance of asset protection and your role in certifying the use of trademark.
Thus, Build an annual protection against the reviews of existing and ongoing service protection of your particular brand.
Time Lap for the protection and renewal of a trademark
Similarly, The duration of the trademark protection that registered after 14 January 2019 starts on the day it follow the filing of trademark form and the rules ends on the expiry of the day which links the number to the filing day. If the trademark were registered before 14th Jan the protection of 10 years expiry after the month when the filing date drops. You can renew the trademark protection for the upcoming 10 years. Overall renewal of your trademark is done after the sufficient payment of renewal fee. W7412 is a form used for some particular registered goods and services renewal application.
Special provisions for collective trademarks
Rules to apply for the collective trademarks: The application of collective trademarks may apply only subject to the provision of this part. These provisions include Part 1, Part 4 and 7.
Application for the registration: The application for the registration of the collective trade mark for goods and services under sub section 1 of section 63 may be made to the registrar in Form TM-A along with draft regulations.
Provisions rules of collective trademark
In India the person who is willing to register a collective mark may get judged to the provisional address of principle place of business for the rules required for it regarding the registration purpose.
The regulations leading collective trade mark may specify the inter alia.
The name of the person and his respective office address who want to associate.
The reason of association and the detail of members.
Hence, The relation of their membership and the relation of each other with the group and the existing one.
Although, The different natures of the trademark and the nature of the person who is the proprietor of the mark on the registration scheme.
The conditions leading the use of the collective trade mark including sanctions.
The further process for the appealing action against the collective trademark.
Case related applications:
Normally, The applicant may force to submit all the peripheral documents based upon his application of registration to the registrar.
Examination, opposition, registration, hearing and renewal: The provision related to examination, registration, renewal and hearing of trademark should apply mutatis mutandis in association with the collective marks.
Removal of collective trademark:
The collective trademark removal can be done from the registrar in the form TM-O and set particulars of the grounds on which application is made.
Issue of renewal notice by registrar
In the matter of renewal of registration, the types of cases which arise are:
Particularly, The TM-R and the prescribed fee are mandatory for the registration renewal of an application. The renewal registration can be made at any time before 1 year from the date of registration of the mark. These are the cases where the renewal fee is paid as provided in Rule 57 by the registered proprietor on his own without waiting for the receipt of official notice from the registrar.
On the other hand, if the registrar finds that no application for renewal has been received, he will send not more than 6months before expiration of registration a notice on form RG-3 at the given address for service.
In case when the mark is registered before six months its strikes the renewal date and registration may be renewed after 6 months of trademark registration along with the payment.
Lastly, when a mark is registered within 6 months after expiry of period of registration and due date of renewal registration may be renewed after 6 months of registration along with the payment.
As we mentioned earlier the collective trademark registration renewal or certification renewal should be in the form TM-R along with prescribed fee.
Advertisement based on the removal process of the trademark:
The rule 59 provides that if at the conclusion of registration of trademark and the fee has not been paid the registrar may remove the trademark from the registrar and showcase the mark in the journal.
As well as, The registrar should not remove any trademark from the registry .The removal will not happen when the case exist like if the payment for the particular application is made under the provision to sub section 3 in the TM-R from the six month timing of registration decade.
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