We are proud to represent and act for our clients to handle IP cases in following industries:Trademark

Brand strategy, brand planning, brand positioning, extended protection of brand, design and making of trademark;

Services as trademark searching before filing and trademark monitoring against the infringement for domestic and foreign trademark;

Domestic and foreign trademark registration, renewal, transfer, registrant’s name or address change, record for trademark license, opposition, review, request of cancellation of trademark for non-use for consecutive three years, invalidation request, and so on;

Applying for trademark registration in foreign countries through the Madrid International Registration, EC(European Communities), BOIP(Benelux Office for Intellectual Property), OAPI(Africa Intellectual Property Organization), ARIPO(Africa Regional Industrial Property Organization) and other international organizations;

Administrative complaints and administrative investigation and punishment;

Litigation against the trademark infringement, investigation and evidence collection, consultation and implementation on litigation;

Special legal services for cognizance of well-known trademarks and Chinese brand names;

Representing the enterprises for trademark negotiation, drafting and signing the contracts on trademark assignment and license;

◆ The formulation of trademark management system for enterprises;

◆  Acting as legal counsels on trademarks for enterprises.

 

 

Trademark designing and Trademark search

Trademark design and trademark search are the beginning of creating a brand for enterprises. LEXGOAL IP LAW OFFICE does its best to combine brand design with trademark search, overcoming the dilemma that enterprise designs a trademark elaborately but cannot obtain protection both at home and abroad.

 

 

Trademark Designing

We have professional trademark designers with more than five years of experience.  Methods for designing trademark names :

 Designing trademark name by person’s name, namely, by the name of the trademark owner or founder, such as "Li Ning Sportswear".

 Designing trademark name by place’s name, namely, with the cradle of enterprises or products, or places related to the trademark and having a special significance of coreference, such as "Tsingtao Brewery". However, according to the provisions of the trademark law, place names  above the county level or foreign places name known to the public shall not be registered as trademark.

 Designing trademark by animal and plant name, namely, using all kinds of animals and plants name as a method of trademark designing, such as "Peony TV".

 Designing brand name with numbers and letters, namely, by choosing and arranging the Arabic numerals and English letters, such as "555 Cigarettes".

 Designing trademarks in the classical language.

 Designing a trademark name with newly created words, that is, to use the high visibility of loanwords, innovation word as a trademark name, which is an outcome of mutual fusion and penetration of Chinese and other ethnic languages.

 Designing a trademark name with slang, namely, naming the trademark with the popular language or the spoken lanuages people love.     

 Designing a trademark name by translation of the English into the Chinese, namely, putting the English into Chinese.

 Designing a trademark name with the space-time concept, namely, naming the trademark with a space-time concept.

 Designing a trademark name by the way of moral, that is, a type of trademark naming which the words chosen by the enterprise could endue a special meaning to the trademark.

 Designing a trademark name by the way of enterprise name.

 Trdemark design indicating the characteristics of the goods or services.

 

                         

Application for Trademark Registration Handling steps

Our Services

For application for the registration of trademarks, the following documents should be submitted :

 

Application Form for trademark registration

 Copy of identification certification of the applicant

The power of attorney for trademark matters

 Trademark pattern

In case of claiming the right of priority, a written statement should be submitted, and documentary evidence on the right of priority should be submitted simultaneously or within three months as of the filing date of the application for registration, including the original and complete Chinese translation. 

Using portraits of others as a trademark design for registration, explanation should be made with attaching a notarized letter of authorization by the owner of portraits

 

 

 

Raising opposition

 

I. A Brief Instruction

Who raises the opposition should have the subject qualification prescibed by the Article 33 of “Trademark Law”. The prior right owner or the interested party who finds that the preliminarily approved trademark stands in violation of the provisions of Article 13-2 and 3, Article 15, Article 16-1, Article 13, Article 31, and Article 32 of “Trademark Law”, or any person who finds that this trademark stands in violation of the provisions of Article 10, Article 11, Article 12, may, within three months from the date of the publication, file with the Trademark Office an opposition against the trademark.

 

Ⅱ.Handling steps:

Consulting on opposition→ Signing the power of attorney for opposition→Prepare application documents and evidence materials→Applicant confirming the papers of arguments on opposition→Filing the application documents →Sendingthe filinig report→Resubmitting the proofs(non-necessary procedure)→Forwarding the notice on filing receipt→Issuing the Decision on opposition

 

III. Documents required for raising a trademark opposition:

Application Form for Trademark Opposition

Specific reason for opposition, facts and legal basis; relatated evidential materials   attached; papers of reason for opposition with the signature or seal of the opposer;

copy of the publication page after preliminary approval of the opposed trademark;   

copy of subject qualification certificate signed or sealed by the opposer;

◆ Power of Attorney.

 

 

 

Responding against the opposition:

 

Ⅰ.Handling steps:

Consulting on responding against the opposition→Signing the power of attorney for responding against the opposition →Prepare application documents and evidence materials for the responding→Applicant confirming the papers of arguments on the responding→Filing the application documents on the responding →Sendingthe filinig report→Resubmitting the proofs(non-necessary procedure)→Issuing the Decision on opposition

 

II. Documents required for responding against the opposition:

1.Original notice on responding against the opposition issued by the Trademark Office;

2.Specific reason for responding, facts and legal basis; relatated evidential materials attached; papers of reason for the responding with the signature or seal of the respondent;

3.copy of subject qualification certificate signed or sealed by the respondent;

4.Power of Attorney.

 

Renewal of registered trademark

 

Ⅰ.A brief instruction

The period of validity of a registered trademark is ten years. Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within twelve months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. The period of validity of each renewal of registration shaIl be ten years, counted from the next date of last expiration of validity. If no application has been filed at the expiration, the registered trademark shall be canceled.

 

 

Ⅱ.Handling steps

Consulting on trademark renewal of registration→Signing the detail list on commision for application for trademark renewal →Preparing the filing documents for renewal of registration→ Submitting the application documents →Sendingthe filing report→Issuing the Certification on Trademark Renewal

 

III. Application documents:

1.Renewal of registration application

2.Copy of the subject qualification certificate which signed or sealed by applicant

3.Power of attorney

4.Copy of registration certificate

5.The application documents for foreign language translation, should also be provided Chinese versions by the agency or agencies signed and sealed

 

 

Application for Cancellation of Registered Trademark for Its Non-use for Three Consecutive Years  

 

Ⅰ.A brief instruction

In accordance with the provisions of Article 49 of “Trademark Law of P.R.C.”, Where a registered trademark has not been used for an uninterrupted period of three years without justified reasons, any entity or individual may request the Trademark Office to cancel the registered trademark. 

Ⅱ.Handling steps

Consulting on the cancellation→Signing a commission contract on cancellation →Prepare application documents on cancellation and evidence materials→Applicant confirmation of the reasons on cancellation→Filing the application documents →Sending the filing report→Forwarding the official Notice on filing receipt→Issuing the official Decision on cancellation

III. Documents should be submitted for filing the application for cancellation of a registred trademark for its non-use of the trademark for three consecutive years:

1. Application Form of Cancellation of Registered Trademark for Its Non-use for Uninterrupted Period of Three Years 

2. Identity certification document of the applicant

3. Power of attorney

 

Application for Cancellation of Registered Trademark Becoming a Generic Name

 

Ⅰ. A brief introduction

When a registered trademark becomes the generic name for the approved goods / services, anyone can propose with Trademark Office an application to cancel the registered trademark.

Ⅱ.Handling steps

Consulting on the cancellation→Signing a commission contract on cancellation →Prepare application documents on cancellation and evidence materials→Applicant confirmation of the reasons on cancellation→Filing the application documents →Sending the filing report→Forwarding the official Notice on filing receipt→Issuing the official Decision on cancellation

III. Documents should be submitted for filing the application for cancellation of a registred trademark for it has been a generic name :

1. Application Form of Cancellation of Registered Trademark for Its Being the Generic Name of Goods/Services, and the evidence materials

2. Photocopy of the applicant’s subject qualification certification(copy of the business license certificate, identity certification)  

3. Power of attorney 

 

 

Review on refusal of trademark application for registration

Ⅰ. A brief introduction

Review on trademark registration applies to the proposed application of review as filed in accordance with the provisions of Article 34 of “Trademark Law”.

 

Ⅱ.handling steps

Consulting on review against refusal of application for trademark registration→ Signing a commission contract→Preparing the application documents and evidence materials for review against refusal of the application for trademark registration→Applicant confirmation of the reasons on review application→Filing the application documents →Sending the filing report→Forwarding the official Notice on filing receipt→Resubmit the evidence materials(non-essential procedure)→Forwarding official Decision on the review

 

III. Documents should be submitted for filing the application of review against refusal of application for trademark registration :

1. Application Form of Review against Refusal of Application for Trademark Registration, and the reasons on review

2. Applicant’s subject qualification certification

3. Notice on Refusal from CTO and Its Attachment (Original)

4. Power of attorney

 

 

Declaration of Invalidation of Registered Trademark

 

I.A brief introduction

Declaration of invalidation of registered trademark applies to the proposed application for declaration of the registered trademark invalid in accordance with the provisions of Article 44(1), Article 45(1) of “Trademark Law”.

II. Handling steps:

Consulting on declaration of the registered trademark invalid→Signing a

Commissioin Contract→Preparing application documents and evidence materials for declaration of invalidation of registered trademark→Confirmation by the applicant for the reasons on the review→Filing the application documents →Sending the filing report→Forwarding the Notice on filing receip→Resubmit the evidence materials(non-essential procedure)→Forwarding official Decision on the review

III. Documents required for transacting the application for declaration of the registered trademark invalid:

1. Application Form for Declaration of Invalidation of Registered Trademark and the reasons

2. Applicant’s subject qualification certification

3.Power of attorney