Generally, in applying for trademark registration, the following documents have to be submitted to the Trademark Office:
(1) An Application Form for Trademark Registration. Where a trademark agency is appointed, a Power of Attorney has to be submitted also.
(2) Five copies of the specimen trademark.
(3) In filling out the names of goods or items of services, for each application, the name of each piece of goods or each item of service should be written under the prescribed class in accordance with the international classification.
(4) Where the right of priority is claimed, a written declaration should be made in the Application Form. The right of priority refers to the system established in accordance with the Paris Convention for the Protection of Industrial Property (PCPIP) aimed at giving a six-month protection period to the first application for trademark registration. Under this system, within the protection period, in respect of any subsequent applications for registration of the same trademark for the same goods filed with other member countries and regions, the application date of the first application will apply. For example, for an applicant who files his first application for trademark registration in Hong Kong on 1 January 2005, if at any time before 1 July 2005, say on 30 June 2005, he files an application for registration of the same trademark with China’s Trademark Office claiming the right of priority, then the date of application for registration in China will be the date of application for registration in Hong Kong, i.e. 1 January 2005. Even if another applicant files an application for registration of the same trademark in China on 2 January 2005, the former application will have priority over the latter.
(5) A copy of the applicant’s identification document.
(6) An administration fee of Rmb1,000 for each application for trademark registration is required. For applications covering more than 10 items of goods or services, an additional charge of Rmb100 per extra item of goods or services is required.
The Discussion Draft has set out the following key changes:-
(1) An applicant is no longer required to provide any identification proof. However, where the Trademark Office has any reasonable doubt as to the authenticity of any information stated on the application or its accompanying materials, the applicant is required to provide valid proof thereof.
(2) An application may be submitted via means other than in writing to cater for the general trend of electronic applications and online examinations.
(3) A trademark may be applied for in one or more classes in a single application under the proposed “multi-class application” system, with provisions on divisional applications introduced.
(4) The applicant is required to disclaim its rights to exclusive use of the indistinctive elements of the trademark in the application, failing which the application would be rejected.
