YOULINK Intellectual Property Law Firm

Guides ABC

	1. Filing requirements for an application for a patent for invention and utility model. 2. Filing requirements for PCT application entering Chinese national phase. 3. Filing requirements for an application for a patent for design. 4. Filing requirements for requesting reexamination of patent application.
	1. Filing requirements for trademark applications for registration. 2. Filling requirements for special trademark applications. 3. Filling requirements for a Collective Mark application. 4. Filling requirements for a Certification Mark application.
	1. Filing requirements for registration of copyright of works. 2. Filing requirements for an individual copyright owner. 3. Filing requirements for the copyright owner of an entity. 4. Information for filling in the application form for copyright registration.
	1. Documents and evidence requirements when applying for recordal with the General Customs Administration of China
Guides ABC >> Patent 1. Filing requirements for an application for a patent for invention and utility model (a) A duly executed Power of Attorney, which can be submitted later within two months from the date of receipt of the Notification of Correction from the SIPO; (b) Instruction letter, indicating the following information: ① Title of invention; ② Name and address of the applicant(s) and the inventor(s). In case of a Japanese applicant, both Japanese and Chinese characters should be provided for the names and address, and so does Korean applicant(s); Both English and Chinese are needed for the applicant(s) located in Hong Kong, Macao and Taiwan, and some Asian countries where Chinese is also used; (c) Description, claims, abstract and drawings (if any), (for a utility model application, drawings is required); (d) Where priority is claimed, the certified documents of priority are required; where the applicant in Mainland China is not the same applicant of the initial application, the assignment of priority or the notarized copy of the same is required (the certified document and assignment of priority may be provided within three months from the date of filing in China). 2. Filing requirements for PCT application entering Chinese national phase (a) A duly executed Power of Attorney, which can be later submitted within two months from the date of receipt of the Notification of Correction from the SIPO; (b) Name and address of the applicant(s) and the inventor(s); (c) International search report (if any); If such search report was given by the European Patent Office, Japanese Patent Office or Swedish Patent Office, the examination fee for entering the Chinese national phase is reduced by 20%; (d) International preliminary examination report (if available); (e) Front page and full text of the international publication; (f) Information of priority right (if priority right is claimed); (g) Assignment (if the applicant in the P.R.C. is not the same of that of the international phase); (h) Amendments under Article 19, 34 and Article 41 of the PCT, if any (if such amendments shall be used as basis for examination in China). 3. Filing requirements for an application for a patent for design (a) A duly executed Power of Attorney, which can be submitted later within two months from the date of receipt of Notification for Correction from the SIPO; (b) Instruction letter, indicating the following information: ① Title of the product associated with the design; ② Name and the applicant(s) and the designer(s). In case of a Japanese applicant, both Japanese and Chinese characters should be provided for the names and address, and so do Korean applicant(s). Both English and Chinese are needed for eh applicant(s) located in Hong Kong, Macao, Taiwan and some Asian countries where Chinese is also used; ③ One set of drawings or three sets of photographs: front, rear, top, bottom, right side and left side views plus a perspective view (if any); size of drawings or photos should not be smaller than 3cm X 8cm, and not bigger than 15cm X 22cm. Three sets of color photos should be provided if color is to be protected; (c) Certified priority documents ( if priority right is claimed), which can be later submitted within three months from the Chinese filing date); (d) A duly executed Assignment (if the applicant as indicated in the certified document is different from the one who files the application in China), which can be later submitted within three months from the Chinese filing date. Special Notes 1. If one-year priority period is over, the application can still be filed as a new application without claiming the conventional priority right, provided that the application first filed in another country is not yet laid open; 2. For a utility model application, method cannot be claimed. And it must have drawings where a patent for invention can have no drawings. 4. Filing requirements for requesting reexamination of patent application If not satisfied with the decision of rejection made by the SIPO, the applicant may submit a request for reexamination to the Patent Reexamination Board within 3 months from the date of receipt of the rejection decision. The applicant may, at the same time, make amendments to the application in question to overcome the deficiencies as indicated in the rejection decision; (a) A duly executed Power of Attorney; (b) Form of "Request for Reexamination"; (c) Reasons and evidence to support your argument; (d) Amendments, if any. If receiving an unfavorable decision on reexamination issued by the Patent Reexamination Board, the applicant may also institute legal proceedings at the court within 3 months from the date of the receipt of the decision.
Guides ABC >> Trademark 1. Filing requirements for trademark applications for registration (a) Power of Attorney, simply signed by the applicant. One trademark application requires one copy of simply signed Power of Attorney. No notarization or legalization is required. If the application is jointly filed by two or more applicants, the co-applicants shall each execute a copy of Power of Attorney; (b) Applicant’s name and address, in English and in Chinese. Chinese Trademark office requires Chinese translation of the applicant’s name and address. If the applicant already has a Chinese translation of its name and address, such shall be provided. Otherwise, our attorneys can make a translation or transliteration for it; If the applicant is a natural person, we need a copy of his/her ID or passport or which his or her name, nationality and ID number can be known; (c) Classification and description of goods/services. It shall be listed on item-by-item basis since class heading and too general description of goods is not acceptable; (d) Trademark samples; 6 trademark samples in black and white for one trademark application in each class shall be provided; If color is to be protected, 6 colored and 4 in black and white trademark samples shall be provided. The trademark sample should be clear, and sized between 5cmX 5cm and 10cmX 10cm; It is also necessary to describe the meaning of the trademark if it contains letters or characters; (e) Priority document, if priority is claimed. Where priority is claimed, the first filing date, number and country must be indicated on the application form, and a certified copy of the priority document shall be provided at the time of filing of the application or within three months from the date of Chinese filing. The applicant shall be the same and the goods, services in said application document shall not exceed the scope of the priority application; 2. In case of special applications, additional documents are necessary: (a) If a three-dimensional design is applied for registration, 10 trademark specimens sized between 5cm X 5cm and 10cmX 10cm should be provided. The specimen may include picture of the main view, or pictures of all or part of the view from front, rear, left, right, top or bottom. The number of the pictures shown on the specimen may depend on the shape of the design. (b) If a combination of colors is applied for registration, a written explanation should also be provided; (c) If a person’s portrait is applied for registration, the person’s letter of authorization which needs to be notarized by Notary Public should be provided; 3. If a Collective Mark is applied for registration, the applicant shall also provide the following information: (a) Notarized Certification proving that the applicant’s qualification for the subject and providing details of the names and address of its members; (b) The Administrative Regulation on Use of Collective Mark which shall include aspects of tenets, members, conditions, procedures, qualities of the goods/service, member’s rights and obligations and their liabilities if violation occurs. 4. If a Certification Mark is applied for registration, the applicant should also provide the following information: (a) Notarized Certification proving the applicant’s qualification for the subject and providing details of her or her entrusted agency’s professional staff, testing equipment and etc so as to demonstrate her ability of testing and supervising the qualities of the said goods/services; (b) The administrative regulations on Use of Certification Mark which shall include aspects of tenets, conditions, procedures, unique qualities and features of the goods/services, users’ rights and obligations and their liabilities if violation occurs.
Guides ABC >> Copyright Filing requirements for registration of copyright of works China adopts a voluntary copyright registration system. Chinese Copyright Protection Center is authorized to accept copyright registration applications from overseas applicants and to conduct verification to the application documents. When such application is approved, the authority will issue a copyright registration certificate which will be regarded prima facie by the court in case of a copyright dispute in China. 1. If the copyright owner is an individual, the following documents are required: (a) Certified or legalized copy of his or her identification card or passport; (b) Application Form, which shall be signed by the applicant. If there are more than one applicant, one applicant may represent the others while submitting at the same time an authorization to said applicant; (c) An introduction to the work; (d) Sample of the work; (e) Letter of guarantee of copyright; (f) Power of Attorney, which shall be signed and dated by the copyright owner(s). If there are more than one owner, the Power of Attorney may be signed by all owners, or by one owner representing the others together with an authorization to the said owner. 2. If the copyright owner is an entity, the following documents are required: (a) Certified or legalized copy of its business license; (b) Application Form, which shall be signed by the applicant. If there are more than one applicant, one applicant may represent the others while submitting at the same time an authorization to said applicant; (c) An introduction to the work; (d) Original or copy of the agreement stating the belongs of the work; (e) Sample of the work; (f) Letter of guarantee of copyright; (g) Power of Attorney, which shall be signed and dated by the copyright owner(s). To fill in the above mentioned application form for copyright registration, the client shall provide the following information: (a) Available Chinese or English name of the work; (b) Date on the completion of the work; (c) Date and place on which the work was published for the first time if the work had been published; (d) Detailed information about the license, if there is a license contract in connection with the work; (e) Type of the work; (f) Place where the work was first published; (g) Detailed information of the author, the copyright owner and the applicant.
Guides ABC >> Customs Protection In China, when going through the procedures of Customs Protection Recordation of intellectual property rights, the owner of intellectual property right shall file an application in a prescribed form to the General Customs Administration of China. The owner of intellectual property right shall file a separate application form for each of his/her intellectual property rights for which the recordation is applied. Where applying for recordation of an internationally registered trademark, the owner shall file a separate application form for recordation of each class of commodities covered. 1. The following documents and evidence are needed when applying for recordation with the General Customs Administration of China: (a) A duly executed Power of Attorney; (b) A duplicate of the business license or a copy of the license certified by local competent authority; (c) Information regarding the intellectual property owner, including its name, nationality, domicile, legal representative, telephone number, fax number, department and title of a connecting person; (d) For a registered trademark, a copy of the trademark registration certificate issued by the Trademark Office. If the trademark has been permitted to change, renew, transfer, evidence shall also be submitted; (e) For a registered copyright, a copy of the certificate of the copyright registration issued by the Chinese Copyright Protection Center. (f) For a granted patent, a copy of the patent certificate. Where the grant of patent has been announced more than one year, a duplicate of the patent register shall be presented, within 6 months prior to the application for recordation. Where applying for the recordation of an utility model or a design, a photograph search report of the utility model or a photocopy of announcement of design issued by the Patent Office shall also be presented; (g) A copy of a contract of license shall be presented where the owner of the intellectual property right has licensed other parties to use a registered trademark, a work, or apatent and a contract of license has been reached. (h) The photographs of goods and their package on which the owner of intellectual property right lawfully exercised his rights; (i) The evidence of the known import or export of infringing goods. Where any infringement dispute between the owner of the intellectual property right and other party has been settled by the People’s court or by the competent intellectual property authority, a copy of the relevant legal document shall also be presented. Where the relevant documents and evidence are in a foreign language, they shall be accompanied by a Chinese translation. Where the customs deems necessary, it may ask the owner of the intellectual property right to present notarized or legalized documents or evidence concerned.