erexchen wrote:How to apply for Chinese trademark
A lot of foreign companies or individuals will consider protecting their trademark right by registering their trademark in China when or before they enter into Chinese market for conducting business.
The first and most important step is to register the trademark according to Chinese Trademark Law. For the purpose of registration, the following documents and materials are necessary:
A. Instruction letter
The Instruction Letter will include the name and address of the applicant, goods/service classification on which the trademark is used, etc.
B. Power of Attoreny
C. Trademark pic, totally 15 copies
D. The Chinese translation of the foreign applicant name and address
E. Priority. If the applicant asks for priority right in China, he shall submit such requirement when filing the application to SIPO, and meanwhile providing relevant documents for his priority. Such documents issued by a foreign trademark authority shall include the first application date and application number in that foreign country. Usually, the documents of priority are allowed to be submitted within 3 months upon the application to SIPO.
The proof of the pudding is when you actually had the idea of the trade mark, if you can document the time, date month and year, and make an affidavit with a local lawyer, that should be enough, although, the first one too register legally with the registration office may get priority,
Simply because the registration process allows the public time time to view all trade marks, in the trade mark journal, and you have the right to challenge the ownership, it would go to court, and you would be asked to throw all your cards on the table.
That means documented evidence, not verbal whinges, it is not good enough that you have been using a trade mark for years, if the guy can document it was his idea, and he has the documented proof.
A sealed stamped envelope posted to oneself is enough to prove ownership, although the envelope must never be opened and it must be stamp sealed on the back, so the envelope cannot be steamed open. The day in court is the big deciding moment, and it would go in favour of the sealed envelope.
Because once you have proof, you may well use your trade mark or discuss it.
Even if you register your business, before the sealed envelope dates, doesn't give you right to the trade mark, you could have stole the idea from any place.
