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Trade Marks
China Trademark protection rights could only be obtained after the trademark is officially registered with Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China.
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Hong Kong Trademark Under the Trade Marks Ordinance (Amendment 2000) which was introduced in 2003, the process of registering a trademark in Hong Kong could now be completed in 8 months.
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Community Trademark A Community Trademark Registration covers all 25 member counties of the European Community. If you are considering registering your mark in three Enropean countries, you should consider the Community Trademark.
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Trademark Classes For the purpose of trademark registration, all products and services and categorised into 45 classes. A trademark could be registered in one or more classes.
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TRADEMARK REGISTRATION
United States of America


USA TRADEMARK REGISTRATION

Search: US$200
(1) Search cover per mark in all Class Codes
(2) Returned back by e-mail within 4 days
(3) Full availability search on: Federal Registered & Federal Pending Trademarks
(4) 50 State Business Databases & State Trademarks Databases
(5) Puerto Rico and US Virgin Islands Databases
(6) Common Law and Internet Usage

Registration: US$350
(1) per mark
(2) Covers all Class Codes
(3) Prepared in 3-5 working days
(4) Clerical office actions generally answered for free
(5) Information included in our database (so you won't miss critical filing dates)

Government Filing Fees: US$335
US$335 per class code, payable to the USPTO (we do so on your behalf).

Domestic Representative / Power of Attorney Fees: US$250
(1) For any customer not having a US mailing address, the USPTO requires that you have a domestic representative IN the USA.
(2) Monthly follow ups of your mark through out the entire unopposed registration process (via e-mail)
(3) Correction of USPTO typos (and follow up until they have been completed)

Title Services: NIL
There is NO additional fee to complete the registration process once your trademark registration has been approved.

Summary of Fees
Search $200
Registration $1010 (including official filing fee)
Certificate $100
-------------------------
US$1,310 Total

Required Documents & Services
-- 1 Sample only is required
-- 1 Signed Declaration page (provided by us to you via e-mail)
-- Translation of foreign terms is required
-- Power of Attorney form is required for international customers
-- No legalization or notarization is required

Samples
Trademark - (for goods) must clearly show name of product on product itself (pamphlet, polaroid picture of product, product packaging, website advertising).

Servicemark - (for services) must clearly show the name of the company and current address (such as newspaper/yellow page advertising or website advertising--business cards and letterhead are generally no longer acceptable).

NOTE: The USPTO does not accept samples bearing the following symbols: "TM", "SM", or "?
-- you can white these out (or otherwise cover them up)

How Long Does It Take to Get A Registration ?
Currently, it is taking the USPTO approximately 16-20 months to move a mark through the normal process, uncontested.

How Does The Registration Process Work ?
The dates below are approximately _______ (use time period below) after submitting your application:
1. In 3-4 Weeks the USPTO sends back your self-addressed stamped post card with the serial number and filing date on it.
2. In 7-15 Weeks the USPTO sends back a filing certificate.
3. In 12-16 Weeks the application is assigned to an examining attorney
4. In 16-25 Weeks the application is reviewed by the examiner, with two possible outcomes:
a) The examiner generates an "Office Action"
--is requesting confirmation or clarification to an application
--is refusing registration (not always a "Final Refusal")
b) The examiner approves the application to continue onto the next phase.

NOTE: We estimate, from our own experience, that 8 out of 10 applications generate some sort of clerical office action. We will answer the clerical office actions for free. Just make a copy for yourself and send us the original.

5. In 6-12 Months the application is approved to be "Published for Opposition"
6. In 9-15 Months the application is published in the "Official Gazette"
--The Opposition Phase lasts for 30 days (or 60 days if Opposition is filed)
7. If Opposition is filed, the mark is halted in the process and the services of a competent legal and/or financial advisor will be required (if the owner wishes to fight the opposition).
8. If NO Opposition is encountered, then the mark is approved for registration. It is now anywhere from 11-20 months after you initially filed your registration application.
9. In 11-20 Months the Registration Certificate is mailed to the Trademark Owner.

NOTE: These dates are estimates of course, based on our many years of experience and may differ from the official time frame provided by the USPTO.

How Long Is My Registered Trademark Valid ?
You will need to file a Section 8 between the 5th & 6th year (after registration has been granted).

And then you will have to file a renewal again before the 10th year.

After that it is every 10 years.

Hong Kong Head Office              Room 803, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong
                                                 TEL +852 2341 1444      FAX +852 2341 1414      E-mail info@bycpa.com

Shenzhen Office   TEL +86 (0755) 82684480 82684483 82684484 FAX +86 (0755) 82684481
Shanghai Office   TEL +86 (021) 64394114 64399276 FAX +86 (021) 64394414
Beijing Office   TEL +86 (010) 68748420 68748422    FAX +86 (010) 68748421  

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