There are two ways for an applicant to handle trademark issues in China, one is to handle by himself, and the other is to entrust a trademark agency established in accordance with the law in China. This article provides a brief introduction of handling trademark issues by the applicants themselves in China.
I. Which applicants can handle the trademark issues by themselves?
1.Domestic applicants
Domestic applicants, including natural persons, legal persons, other social groups, etc., can handle the applications by themselves, or through the trademark agency established in accordance with the law in China.
2.Hong Kong, Macao and Taiwan applicants
Hong Kong, Macao and Taiwan companies with business domicile in mainland China can handle trademark issues by themselves. Hong Kong, Macao and Taiwan companies without business domicile in mainland China should entrust the trademark agency established in accordance with the law in China to handle the trademark issues. Please be noted that the wholly-owned branches of Hong Kong, Macao and Taiwan enterprises established in accordance with the law in China are Chinese enterprises, not their business domicile in the mainland.
Residents of Hong Kong, Macao and Taiwan can handle trademark issues on their own if they hold the "Mainland Travel Permit for Hong Kong and Macao Residents", "Mainland Travel Permit for Taiwan Residents" or "Residence Permit for Hong Kong, Macao and Taiwan Residents" with the validity period more than one year. If they do not have these documents, they should entrust the trademark agency established in accordance with the law to handle the trademark issues.
3.Foreign applicants
Foreign companies with business domicile in mainland China can handle trademark issues on their own. Foreign companies without business domicile in mainland China shall entrust the trademark agency established in accordance with the law to handle the trademark issues. Please be noted that the wholly-owned branches of foreign companies established in China according to law are Chinese enterprises, not their business domicile in the mainland; The representative office or local office of a foreign company in China is also not a business domicile and cannot apply for trademark registration in the name of the foreign company.
Foreigners with permanent residence in mainland China can handle trademark issues on their own. A copy of the "Permanent Residence Permit for Foreigners" or the "Residence Permit for Foreigners" with the validity period more than one year issued by the public security department is required. Foreigners who do not have such documents should appoint a trademark agency established in accordance with the law to handle the trademark issues.
Ⅱ. What trademark issues can be handled by the applicants themselves?
The types of trademark issues that the applicants can handle on their own include not only trademark registration applications, but also subsequent business like transfer, change, license, renewal, etc., as well as all other applications that can be filed to the Trademark Office, such as cancellation, opposition, invalidation, rejection review, etc.
Ⅲ. Ways to handle trademark issues by the applicants themselves Applicants can submit electronic trademark applications through the online service system, or go to the registration hall of the Trademark Office, the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the Trademark Examination and Collaboration Centers set up by the Trademark Office outside Beijing, or trademark service windows in local intellectual property departments and market supervision and administration departments for face-to-face processing. The difference is that although the online system opens most of the trademark business, but the trademark review on nonapproval, review on invalidation, review on cancellation, etc. can only be submitted in person.
Ⅳ. Differences between self-handling and handling by an agency There is no difference between the two ways in trademark examination. The main differences are in the way of contact, required documents, document submission mode and delivery mode.
In the way of contact, the self-handling applicant directly contacts with the Trademark Office, while the applicant entrusting a trademark agency contacts with the Trademark Office through the agency, but not directly with the Trademark Office.
In terms of the required documents, the self-handling applicant shall submit the relevant documents in accordance with the provisions; while entrusting a trademark agency, the applicant shall also submit a power of attorney.
In terms of the document submission, the self-handling applicant shall submit the application documents through the online system or directly to the Trademark Office registration hall or other designated windows (see Part Ⅲ above). The trademark agency may submit the application documents directly, by mail or through the express enterprise to the Trademark Office, or through the online system.
In terms of the document delivery, for self-handling applications, the Trademark Office will deliver the documents to the applicant directly, for applications handled by a trademark agency, the Trademark Office will deliver the documents to the agency.
V. Conclusion
Normally it will improve efficiency and save cost for trademark applicants to handle trademark issues by themselves, but the condition is that the personnel must have certain professional knowledge of trademark laws and regulations, and processing requirements and so on. If there is no professional staff, it is still recommended to entrust a professional trademark agency.
