What is a trademark or service mark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in the People’s Republic of China may be registered with the China Trademark Office (CTMO).
How long does a trademark last?
Rights in a registered trademark can last indefinitely if the owner continues to use the mark on or in connection with the goods and/or services in the registration and files all necessary documentation in the CTMO at the appropriate times. Our law office can assist you with filing these documents to maintain your trademark registration.
What is the difference between the notations TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the CTMO. However, you may use the registration symbol "®" only after the China Trademark Office (CTMO) actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the trademark registration.
If I secure a trademark registration in Chinese mainland, will it cover Hong Kong and Macao?
Although Hong Kong and Macao were returned to China in July 1997 and in December 1999 respectively, these two special administrative regions are treated independently and separately from China for trademark registration and protection purposes.
Are there any additional costs?
Other than our fees for professional services which can be viewed on our “trademark application form customers will be subject to the appropriate government fees. Our Trademark Registration Service does not include responding to substantive CTMO challenges or third party oppositions to the trademark application. When appropriate, our law office can be retained at a low hourly rate to represent you before the CTMO. Please inquire for more information.
For additional information, we can be reached by e-mail at service@china-trademarks.com, or by phone at +86-571- 87912072.
