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TM registration, international way vs national way

Sophie Mao LegalTips 2021-05-29


1. International way vs national way

 

China is a party to World Intellectual Property Organization ( WIPO ), so by submitting  trademark application to the WIPO International Bureau through the office of origin, and going through formal examination by the Bureau and then substantive examination by China’s Trademark Office ( CTMO ), overseas applicant may extent their application to China under the Madrid Protocol.  That’s called international way.

 

Or they may hire Chinese trademark agent to apply for trademark directlywith CTMO, and get a Certificate of Trademark granted by CTMO, that’s called nationalway.

 

2. What’s the differences between these two ways?

 

Technically, national or international way, are just different channels for application filing. The differences are mostly procedural. Both way follow thesame examination standard based on China’s trademark laws and regulations. And more importantly, the substantive rights granted are the same. Both way are valid for ten years and can be prolonged for a subsequent 10-years protection period.

 

3. National way is more convenient


However, for practical reasons you may wish to apply through the national system.

 

Firstly, application through national system usually is faster.  The time limit for international way is 12-18 months from the date of international notification (which usually will be granted in 6 months after submission of the application),hence totally one and half to two years, while it’s one and half year for national way. 

 

Secondly...


Another problem is...


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