CHINA Law and Practice Contributed by: Chuanhong Long, Bin Zhang, Cuicui Liang and Lei Fu, CCPIT Patent and Trademark Law Office
3.10 Related Rights If a work is created by an author, no matter whether it is published or registered, the work will enjoy the protection of copyright. Trade mark protection generally adopts the principle of reg - istration protection. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark registration is not the only way to obtain a trade mark right. The wide prior use of a trade mark can also be protected in China, but the protection is not as broad as that of a registered trade mark. The first-to-file principle is mainly used in China. Trade dress is not a stipulated type of trade mark in China. If a trade mark is considered as lack - ing distinctiveness, it can still be approved for registration if it can be proved that the mark has Trade mark applications should be filed with the China National Intellectual Property Adminis - tration (CNIPA), the only trade mark register in China. The CNIPA has an online database which is available to the public. It is normal and necessary to conduct a search for prior-filed or registered trade marks, so that the applicant can take action against possible obstacles in advance of filing. The examination period is very short, and it is decreasing, so it may be too late to take action after an applica - tion has been rejected by the CNIPA. Marks that are already in use but not yet filed with the CNIPA cannot be located through a acquired secondary meaning. 4.2 Trade Mark Register
trade mark search. The CNIPA can do a trade mark search for either word or device marks. The required information includes the trade mark, class and goods/services description to be covered. 4.3 Term of Registration A registered mark is valid for ten years. Once expired, the trade mark owner can still file a renewal within the grace period (ie, within six months after the expiry date). If no renewal is filed, even in the grace period, the mark will be invalid and the trade mark owner has no way to restore it. A new trade mark application will need to be filed if the trade mark owner still wants to protect the mark in China. 4.4 Application Requirements The formal requirements to register a trade mark include the following: • the name and address of the applicant; • a clear trade mark sample in electronic form with high resolution; • the class and goods/services of the items covered; • a power of attorney signed by the applicant; and • a copy of the commercial registry (certificate of good standing) for a company applicant, or a copy of the passport or ID card of an individual applicant. Any natural person, legal person or other organi - sation can apply for trade mark registration with the CNIPA. Foreign applicants are required to appoint and be represented by an attorney licensed to practise in their country. Multi-class applications are allowed, but are not recommended.
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