Divided into national and regional areas, there is no regional division within a country. Exceptions are made for special regions such as Hong Kong and Taiwan.
Trademark customs filing is a common name for customs protection filing of intellectual property rights. To put it simply, enterprises or business owners register their trademarks with the General Administration of Customs. After that, every time goods with the same trademark need to be cleared through customs, they will receive a written notice from the local customs to confirm whether the goods are trademarked. Sale by holder. If it is confirmed that the trademark holder has not sold this batch of goods, it means that someone is using the trademark to make counterfeit goods, and the customs will seize the goods on the spot.
Apply to China Customs for trademark customs registration. Although this is not required by law, it can be useful. In principle, Chinese customs officials have discretion when inspecting exported goods for trademark infringement. The inspection is based on the China Trademark Office database, but in actual inspection, they only rely on their own customs trademark database. In other words, without separate registration of Chinese trademark customs, Chinese customs will not have sufficient information when inspecting exported goods for trademark infringement, and counterfeit goods may take the opportunity to avoid inspection and flow abroad.
If a registered trademark is registered with China Customs, the customs will contact the trademark registrant when it discovers a batch of potentially infringing goods. The trademark registrant needs to submit a request to the customs to detain the infringing goods within three working days. If the trademark registrant requests the customs to seize the infringing goods and pays a deposit, the customs will inspect the goods. The verification concludes that if the product has a trademark infringement and the infringing mark can be removed, the goods will be donated to charity. If the infringing mark cannot be removed, all the goods will be destroyed. The cost of storing and destroying the goods during the inspection will be deducted from the trademark registrant's security deposit.
At present, it may take 12-14 months to apply for a registered trademark in China until it is approved. If everything goes well, it may take 3-5 months to apply for trademark customs registration with China Customs, and the trademark customs The filing application can only be made after the Trademark Office issues a trademark certificate. This means: In China, it takes 15-19 months from the date of filing a trademark application with the Trademark Office before Chinese Customs can help prevent counterfeit products using trademarks from being exported from China to around the world.
1. Materials required for customs filing
1. A copy of the trademark right holder’s identity document (if the right holder is a natural person, provide the ID card; if the right holder is a legal person, provide the Copy of business license)
2. Copy of registration certificate of registered trademark
3. Approval certificate from Trademark Office for transfer, change, renewal of registered trademark (if not, no need Provide)
4. A copy of the "Trademark License Contract" filed with the Trademark Office (if not, no need to provide)
5. List of import and export of legal goods. For example, the Chinese or English names of legal users such as manufacturers, importers and exporters, patent holders (if not available, no need to provide)
6. Electronic trademark logo (trademark logo on the trademark registration certificate )
7. Three pictures of the goods and packaging (pictures that reflect the overall appearance of the goods and packaging on which this trademark is used, or pictures that reflect some of the main features of the goods and packaging):
8. Letter of attorney (format document, provided by the agency)
2. Remarks:
1. The photocopies of the materials provided should be signed " Verify it is correct with the original" and stamp it with a seal or signature;
2. The pictures should be in jpg or bmp format, and the file size of each picture should not exceed 400K
3. Processing time : About two months