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Non-acceptance Notice of Trademark Application in China

 

May 2019
Nowadays, people are now paying more and more attention to intellectual property. Every day, about 20,000 trademark applications are submitted. Therefore, you should be quick to register a trademark. Otherwise, the trademark name in your mind may be registered by others and you need to think of another one.
Unexpected circumstances may arise in the process of trademark registration. For example, you may be upset if you receive a "Non-acceptance Notice of Trademark Application" issued by the Trademark Office two weeks after your submission of application. What are the reasons for non-acceptance of trademarks? In general, non-acceptance of trademark application include the following reasons.
1. Failure to include the application form, trademark drawings, or a copy of applicant’s identification documents in the application documents.
2. For application submitted in paper form, failure to use typing or printing.
3. Failure to use the correct application form as required; modification of the application.
4. Failure to fill in the name of the product/service item in the application form.
5. For application not in Chinese, or having various documents, supporting documents and evidentiary materials submitted in foreign languages, failure to attach the Chinese translation and the official seal of the applicant, agency or translation company.
6. Failure to complete the application as required, that the applicant's name and address cannot be determined.
7. Inconsistency in the application form between the name of the applicant, the stamp or signature stamped, and the copy of attached identification document.
8. Failure for the trademark design to comply with the provisions of Article 13 of the Implementing Regulations of the Trademark Law.
9. For application for trademark registration by means of three-dimensional signs, sound signs and color combinations, failure to comply with the provisions of Article 13 of the Implementing Regulations of the Trademark Law.
10. For application for the registration of another person's portrait as a trademark image, failure to include a portrait authorization.
11. For application for a collective mark, failure to submit the trademark use management rules and the list of members of the collective organization.
12. For application for registration of a certification mark, failure to submit the documents that proves the institution has supervision and testing capability.
13. For application that declares that two or more applicants jointly apply for registration of the same trademark, failure to submit an attached sheet with the names of the joint applicants with stamps or signatures; or with submission of such an attached sheet but failure to declare that they jointly apply for registration of the same trademark.
14. For application with the applicant as a domestic natural person in China, failure to submit the application documents that meet the provisions of Article 4 of the Trademark Law.
15. Failure to include a certification document for overseas notarization.
16. Failure to pay fees to the Trademark Office.
17. When the Trademark Office has notified the applicant to make corrections, failure to rectify within the designated period, or failure to make corrections as required.
All these factors will cause the non-acceptance of trademark registration application. We must be careful when submitting the trademark registration application.
COPYRIGHT BKIP 2019

Company information

BKIP Limited

Unit 2202, 22/F, Causeway Bay Plaza I, 489 Hennessy Road, Causeway Bay, Hong Kong
(852) 3157 0065
tm@bkip.com.hk