INTELLECTUAL PROPERTY LAW - WORLDWIDE

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• China: Duration of registration procedure

• 
  Dr. Oliver S. Hartmann    Premium Member   Group moderator

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  China: Duration of registration procedure

  Hello,
  
  how long does it take to get a right registered in China?
  
  Often for a client this question is of crucial importance. Therefore let’s start a short survey among the group members, what experiences were made in the different jurisdictions.
  
  Duration of registration procedures in China (without objection by the Registrar or third parties):
  
  1. Average duration to register a trade mark:
  
  2. Average duration to register a design:
  
  3. Average duration to register a patent:
  
  4. Average duration to register other rights:
  
  5. Experiences in foreign jurisdictions:
  
  The issue was also posted in the respective forums of other jurisdiction in order to collect information from foreign colleagues.
  
  I'm hoping for a lively participation!
  
  Best Regards
  
  • 10 Apr 2008, 11:21 pm
  Dr. Oliver S. Hartmann wrote: > Hello, > > how long does it take to get a right registered in China? > > Often for a client this question is of crucial importance. Therefore > let’s start a short survey among the group members, what experiences > were made in the different jurisdictions. > > Duration of registration procedures in China (without objection by > the Registrar or third parties): > > 1. Average duration to register a trade mark: > > 2. Average duration to register a design: > > 3. Average duration to register a patent: > > 4. Average duration to register other rights: > > 5. Experiences in foreign jurisdictions: > > The issue was also posted in the respective forums of other > jurisdiction in order to collect information from foreign colleagues. > > I'm hoping for a lively participation! > > Best Regards
• 
  Sandy Wang    Group moderator

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  Re: China: Duration of registration procedure

  In China, a trademark registration application will usually go through the following stages:
  
  1. CTO will issue the Official Filing Receipt regarding new applications in about 1 to 2 months; by then a new application will be numbered.
  
  2. In case the examination is a smooth one and no office action is issued, the application will be published on China Trademark Gazette in about 36 months from the date of filing for opposition purpose. The publication period is 3 months.
  
  3. If no opposition happens, CTO will issue the registration certificate in 2 or 3 months after the publication period expires.
  
  Therefore, in smooth cases, a new application will be granted registration in about 40 months from the date of filing.
  
  • 22 Apr 2008, 10:22 am
  Sandy Wang wrote: > In China, a trademark registration application will usually go > through the following stages: > > 1. CTO will issue the Official Filing Receipt regarding new > applications in about 1 to 2 months; by then a new application will > be numbered. > > 2. In case the examination is a smooth one and no office action is > issued, the application will be published on China Trademark Gazette > in about 36 months from the date of filing for opposition purpose. > The publication period is 3 months. > > 3. If no opposition happens, CTO will issue the registration > certificate in 2 or 3 months after the publication period expires. > > Therefore, in smooth cases, a new application will be granted > registration in about 40 months from the date of filing.
• 
  Sandy Wang    Group moderator

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  Re^2: China: Duration of registration procedure

  In China, the duration of patent for invention is 20 years, the duration of patent for utility model and design is 10 years, the duration of trademark is 10 years, counted from the filing date in China.
  
  • 22 Apr 2008, 12:43 pm
  Sandy Wang wrote: > In China, the duration of patent for invention is 20 years, the > duration of patent for utility model and design is 10 years, the > duration of trademark is 10 years, counted from the filing date in > China.