China is a “first-to-file” jurisdiction, it means you have to register a trademark in order to obtain proprietary rights. So, if you are planning to start your business in China, Centre O would strongly recommend to register your China trademark as soon as possible. As it’s mostly ended up with squatters, counterfeiters, or grey market suppliers.
What supporting documents are needed
Application
Firstly, you have to prepare your Business Registration Certificate. At the same time, you have to prepare the short essay to introduce your company. Including what is your business about, mission and vision. Then you can illustrate the idea, origin and the concept of the design. For instance, how it relates to your company.
Besides explaining your concepts, then you have to show the evidence of using the trademark. That is, you have to prepare the time line of your mark. When did it finished, when did you start to use and pictures or promotion materials during publication of it. Also, the pictures or promotion materials which printed the mark on it.
Appeal
Unfortunately, if your application is rejected and you would like to appeal. Then you need to provide the prior trademark registration certificates or preliminary publication materials. Additionally, the evidence for registration in other classes and in other countries or regions. It would be great if you can provide any other information or photos which you can support the use of the it.
Apart from the time line from born to first launch to the market. Then you have to show the evidence and expenditure of promotion of the mark in difference regions. For example, promotion materials such as packaging, leaflets with use of it.
Other than the printed materials, you need to provide the photos of attending different exhibitions and business activities involving the trademark. And the expenditure of promotion and then sales agreement, sales performance in difference regions in recent 5 years prior to application date.
If you used your mark for newspaper, magazine, journal or social media, then you should provide:
- Agreement of advertisement and payment copies
- Advertisement Agreement / Contract with marketing agents
- Press releases, reports, recommendations, certificate, prizes by difference media or organizations
For further information, please contact us.
You may want to read: 5 Steps for Process China Trademark Registration