Intellectual Property and Patent & Trade Mark Protection

Intellectual Property and Patent & Trade Mark Protection

Posts 1-5 of 5
  • Bernd Bayer
    Bernd Bayer    Premium Member
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    3D Trademark in China
    Hello Everybody,

    As you can see I am working for a machine constructing company. As we are copied in china I want to save our design with a 3D trademark. This should be possible in China. My patent lawyer in China told me that it is very expensiv and complex because of the restricitv attidue of the chinese authority. Has anybody any experience in this matter.

    Thanks

    Bernd Bayer
    • 05 Mar 2010, 08:07 am
  • Dr. Rolf Claessen
    Dr. Rolf Claessen    Premium Member   Group moderator
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    Re: 3D Trademark in China
    Dear Mr. Bayer,

    our firm just has a pending case in China for a 3D trademark and it is definitely not easy. We filed in 2006 and had to file an appeal, which is not decided yet.

    Feel free to contact me with any questions you might have.

    Best regards,

    Rolf Claessen
    • 05 Mar 2010, 10:34 am
  • 君峰 David 段 Duan
    君峰 David 段 Duan    Group moderator
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    Re^2: 3D Trademark in China
    Bernd Bayer，

    If you want to protect your design in China, i will suggest you to file design patent application.

    It is very difficult to register 3-D trademark in China, since if the design merely indicates the shape inherent in the nature of the goods concerned, or it is only dicated by the need to achieve technical effects or the need to give the goods substantive value, the 3-D trademark may not be granted.

    THe requirement for design of product itself is very strict. Now the packaging for goods is easy to be accepted, such as the sauce bottle of Nestle is a 3-D trademark in China.
    • 26 Apr 2010, 06:11 am
  • Bernd Bayer
    Bernd Bayer    Premium Member
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    Re^3: 3D Trademark in China
    Thank you for your information. We have asked for a design patent instead of 3D Mark. So we think we could get it.
    • 11 May 2010, 4:11 pm
  • 君峰 David 段 Duan
    君峰 David 段 Duan    Group moderator
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    Re^4: 3D Trademark in China
    You will. You know, in China, the patent office grants the design patent without searching the database.
    • 13 May 2010, 10:57 am