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China Trademark

 

Like other countries, the main intention of Chinese law pertaining to trademarks are to protect the exclusive rights of the registered user or proprietor to use a trademark, to encourage competitors to improve the quality of goods and maintain goodwill in the market. Chinese trademark laws aim to establish a healthy competition among the competitors so that the quality of goods can be improved and the customers can enjoy maximum benefit from the same. In china any individual, institution, incorporation intending to use a trademark for goods produced, manufactured or processed by him shall file an application for registration of trademark at the appropriate office in a manner as may be prescribed. The same procedure shall be applied to service providers of different services. Under the Chinese law there are some goods for which registration is intrinsic and if such goods are not registered they cannot be sold in the market. Identical to Indian law the user or registered proprietor shall be responsible for goods under particular mark and shall have to stop any trading that causes confusion in the minds of the consumer.

Trademark registration in China


The registration process of Trademark in china is more or less similar to the procedure as laid down in the Indian Trademarks Act, 1999. Any natural or artificial person who intends to file a trademark application can file the same at the appropriate trademark office at any point of time. If he intends to claim priority on the basis of application filed in some other country than the same has to be filed within six months from the date of priority. Once the application is found in order by the trademark office the same shall be published in the journal. If nobody opposes it within three months from the date of publication the trademark shall be registered and registration certificate will be issued. If the application gets opposed then the matter shall be decided by the Trademark review and adjudication board and there decision in this regard shall be on the basis of arguments laid down by both the parties. In case if the examiner of application is not satisfied with the application or founds that it is identical of deceptively similar with any other mark he may refuse the application & shall not publish the same. All matters pertaining to trademark disputes is handled by Trademark review and adjudication board, they shall inform the applicant of the same in writing and if the applicant is not satisfied with the decision he may apply for an review within 15 days from the receipt of notice. The decision of the board shall be final after considering the review of the applicant.



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