Desgloba Trademark

The main objective of the service DESGLOBA TRADEMARK, is offering Spanish companies the possibility of achieving their trademark registration in China, and therefore being able to develop their international projects without finding any problems, because of copies from other local companies.

Thus, the company strengthens the protection of their Intellectual Property (trademarks, patents, etc.), in its target market, the P.R. of China, which maybe be the firm best value for the achievement of its objectives.

Also, a goal which the service DESGLOBA TRADEMARK tries to achieve is: "to protect the clients interests in their Import and Export projects - International Trade - in China, at all levels, because not being the owner of their brand in this market, may mean not being authorized to import products from China with this particular brand".

The advantages of the service DESGLOBA TRADEMARK, assuming the registration of their Intellectual Property, especially for those brands registered in Spain and Europe, are:

 » Dissuadable Effect.  » Streamlines the claim, in case of violation of rights.  » Use of the trademark in the P.R. of China, for both, export and especially for import projects (International Trade).

¿When should we protect our Intellectual Property in China thought DESGLOBA TRADEMARK SERVICE?

The answer to this question is very simple. NOW! From the very first moment in which the Spanish company thinks of entering into the Chinese market, even for export or import projects (International Trade), a trademark registration form must be fill in, because of the possibility of being copied by third parties is extremely high, and so we would loose our right to use "our" trademark in China.

Also, other aspects do not allowed to postpone it at all, such us:

 » Jurisdiction First-To-File. The protection is granted to whom first applies for it. This means that the first to apply for the registration will be in most cases, granted with it in the CTMO.

 » Most of the Intellectual Property violations are committed by trading partners.

- In Intellectual Property matters, we must be proactive, rather than reactive. This means that is advisable not to wait to set our registration form at the same time as the objection form, but instead, do the registration form from the beginning.

What documentation must we submit to register our trademark in the P.R. of China?

Regarding the documentation related with our company:

 » Identification information from the company.

 » Application form.

 » Classes in which trademark will be registered (Niza Classification).

 » Copy in black and white of the trademark itself.

Also, it is needed The Power of Attorney (POA), giving the company rights to the Trademark agent in China, which is the one that offers the SERVICE DESGLOBA TRADEMARK.

Which are the steps we must follow, in other to register a trademark in China?

 » 1. Previous search of the Trademark in the registry, to ensure that the request is not recorded.

 » 2. Granting powers to the Trademark Agent (Power of Attorney - POA).

 » 3. Paperwork of the Trademark Agent in the Trademark Office - CTMO.

 » 4. Obtaining the certificate issued by the Trademark Office - CTMO. (Valid for 10 years. When expires, we must renovate. The renovation takes between 3 and 6 months).

The Objection. Which are the steps to follow?

To fill up an objection, the following documentation is needed:

 » 1. - Business Certificate of the Spanish company.

 » 2. - Registration title of the Trademark of the OEPM.

 » 3. - Evidence justifying the use of the Trademark prior to the application of current registration.

 » 4. - If possible, documents (BL, Invoices, Catalogues, etc.), which may prove the existing business relation between the applicant firm and the Spanish company willing to register its own Trademark in China.

The Registration in Customs

Once the company has the registration of the Trademark in China, or the application form, we may proceed with the registration of the Trademark in the Chinese Customs, which will be done easier and faster than the registration of the Trademark itself in the CTMO.

The main objective of this registration is: "to ensure a bigger protection of the rights of Intellectual Property in China", because when the Customs authorities have the knowledge of a Trademark registration and its owner, they will be able to prohibit all kinds of operations (Import / Export) done by any other company of all products included under the classes of our Trademark registered.