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ASIA REGISTRATION

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CHINA

China is the most populated country in the world. Nobody can refuse that China has more investment opportunity than other countries in the recent years.

Being a member to the Madrid Protocol, trademark protection can be obtained through the National Office of China Trademark Office (CTMO) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full name, description and nationality of the applicant.

  • Full business address of the applicant.

  • Design of the mark (Explain meaning)

  • The specification of the products and/or services which the mark will cover,according to the 10th Edition of International Nice Agreement (max.10 items of goods in one class)

  • The applicant's qualification certification;
    - Corporation: Scanning copy of Business License with company seal Natural person: Copy of Passport or identity cards (signature on blank part),

  • Power of Attorney form (POA) requires execution by an authorized officer of applicant and affix a seal on blank part. Also note that the POA document does NOT require notarization nor legalization


Procedure and time frame

The examination of a new application should be completed within 9-12 months of the filing date (which includes 2-4 months to complete the formality examination and 5-7 months to complete the substantial examination. If the mark is preliminary approved, it will be published for any opposition in the Trademark Gazette for 3 months. If no opposition is filed, a certificate of registration will be granted within 1-2 months.

If the priority is claimed, the goods/services must not exceed the scope of the priority application.

A mark is vulnerable for cancellation on non-use ground by any third party if it is not been used for three consecutive years without any justifiable reasons.


Renewal

Registration is valid for 10 years from the date of registration and renewable for unlimited times. A renewal application can be filed within 12 months before the expiry date. A grace period of 6 months is allowed for late renewal.

BRUNEI

Being a member to the Madrid Protocol, trademark protection can be obtained through the Brunei Darussalam Intellectual Property (BruIPO) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full Name(s) and Address (es). For company, indicate State and Country of incorporation. For sole proprietorship or partnership, provide full name(s) of proprietor or partners;

  • One clear black-and-white specimen of the mark; 10 specimens for color mark (maximum size 7x7 cm.);

  • An executed Power of Attorney;

  • List of goods/services;

  • Priority Claim: Filing Date, Country and Application Number, if a corresponding application has been filed in any member country of the Paris Union, in the previous 6 months;

  • Translation and transliteration of the mark if the mark is not English.


Procedure and time frame

The examination of a new application should be completed within 12-18 months from the filing date. If no objection is raised, the Registrar will call for the filing of Form TM 27 to enable publication of the mark in the Brunei Government Gazette for a period of 3 months to enable any party to oppose. If no opposition is filed, the BruIPO will issue the certificate of registration.

A mark is vulnerable for cancellation on non-use ground by any third party if it is not been used for three consecutive years without any justifiable reasons.


Renewal

Registration is valid for 10 years from the date of registration and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.

INDONESIA

Across all islands between Asia and Australia, Indonesia has the world's largest Muslim population and Southeast Asia's biggest economy.

The application can be filed at the Directorate General of Intellectual Property Rights (DGIP). A multi-class application is available.


Required Information and Documentation for Registration

  • Full name, description and nationality of the applicant.

  • Full business address of the applicant.

  • One Power of Attorney

  • One Declaration of Ownership
    ** note that the POA and DOA do NOT require notarization nor legalization

  • 30 color or B/W prints of the mark with size: minimum 2 cm x 2 cm or maximum 9 cm x 9 cm.

  • Description of goods (international classifications 1-45 classes).

  • Priority Document (for the purpose of claiming convention priority)


Procedure and time frame

All trademarks that pass the initial formality examination will proceed directly to publication. The mark will be published for 2 months for any opposition. If no opposition is filed, a substantive examination is conducted by the DGIP which takes about 5-7 months. If no objection is raised, the DGIP will issue the certificate of trademark registration.

The registration process normally takes about 24 months from the filing date. In case of no obstacle, the DGIP shall grant Certificate of Registration to the mark.

The claiming priority must be filed within 6 (six) months from the priority date. Failure to submit within the time period may cause the application to lose its priority and will be treated as if without claiming priority.


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.

PHILIPPINES

Being a member to the Madrid Protocol, trademark protection can be obtained through the Philippines Intellectual Property Office (IPO) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full Name(s) and Address (es). For company, indicate State and Country of incorporation. For sole proprietorship or partnership, provide full name(s) of proprietor or partners;

  • One clear black-and-white specimen of the mark; 10 specimens for color mark (maximum size 7x7 cm.)

  • List of goods/services;

  • Executed Trademark Application (TMA) form;

  • An executed Power of Attorney;

  • Priority Claim: Filing Date, Country and Application Number, if a corresponding application has been filed in any member country of the Paris Union, in the previous 6 months.


Procedure and time frame

All trademarks that pass the initial formality examination (1-3 months from the date of filing) will proceed directly to the substantive examination conducted by the IPO which takes about 5-8 months. If no objection is raised, the IPO will issue the Notice of Allowance within 2 months. The mark will be published in the IPO Electronic Gazette for 30 days for any opposition. If no opposition is filed, the IPO will issue the Notice of Issuance within 2 months calling for the registration fee. After the registration fee is paid, the IPO will issue the Certificate of Registration which will be published again in the IPO E-Gazette for the official records of the IPO.

The registration process normally takes about 18-24 months from the filing date. In case of no obstacle, the Philippines IPO shall grant Certificate of Registration to the mark.


Renewal

Registration is valid for 10 years from the date of registration and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.

Declaration of Actual Use or Non-Use (DAU/DNU)

The applicant must submit a Declaration of Actual Use and proof of use (e.g., labels, brochures, and other evidence that you are using the mark) within the following periods:

  • 1.three (3) years from the date of filing of the application; and

  • 2.one (1) year from the 5th anniversary of the date of registration of their mark.

If DAU is not filed within 3 years from the filing ate (extendible by a period of 6 months), the application shall be refused registration, or, if already registered, the registration will be revoked by the IPO.

Please note that the submission of a DAU or DNU is required to maintain a trademark registration. The grounds for non-use are restricted to:

  • 1.Prohibition of sale imposed by government regulation;

  • 2.Court-issued injunctions;

  • 3.Pending application with the Food and Drugs Administration; and

  • 4.Pending litigation or opposition.

MALAYSIA

An application can be filed through the Intellectual Property Corporation of Malaysia (MyIPO). The MyIPO, being the authority/agency operating under the jurisdiction of the Ministry of Domestic Trade, Cooperative and Consumerism, is responsible for both the development and the management of the intellectual property system. Multi-class application is not acceptable.


Required Information and Documentation for Registration

  • Full Name(s) and Address (es). For company, indicate State and Country of incorporation. For sole proprietorship or partnership, provide full name(s) of proprietor or partners;

  • One clear black-and-white specimen of the mark; 10 specimens for color mark (maximum size 7x7 cm.) If the mark is already in use in Malaysia, provide date of first use in Malaysia;

  • List of goods/services;

  • Statutory Declaration from the applicant: Foreign Applicant - has to be signed before a notary public;

  • Priority Claim: Filing Date, Country and Application Number, if a corresponding application has been filed in any member country of the Paris Union, in the previous 6 months.


Procedure and time frame

The examination of a new application should be completed within 12-18 months from the filing date. If no objection is raised, the mark will be published in the Government Gazette for a period of 2 months for any opposition. If no opposition is filed, the MyIPO will issue the certificate of registration.

A mark is vulnerable for cancellation on non-use ground by any third party if it is not been used for three consecutive years without any justifiable reasons.


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 12 months is allowed for late renewal.

SINGAPORE

Being a member to the Madrid Protocol, trademark protection can be obtained through the Intellectual Property Office of Singapore (IPOS) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full Name(s) and Address (es). For company, indicate State and Country of incorporation. For sole proprietorship or partnership, provide full name(s) of proprietor or partners;

  • One clear black-and-white specimen of the mark; 10 specimens for color mark (maximum size 7x7 cm.);

  • List of goods/services;

  • If the mark contains non-Roman characters (e.g. Chinese, Arabic, Japanese characters), a certified English transliteration and translation of the characters are required at the time of the filing(s). Please also type up the non-romanised characters (e.g. Chinese, Japanese, Korean, Jawi characters) in Word format or in the body of your e-mail as we will need to copy the said into the application form.

  • If the mark contains non-English word(s), a certified translation, an extract from relevant dictionary or extract from online translation website of the word(s) is required at the time of filing(s).

  • Priority date and country of filing (if applicable) - If Convention priority is claimed, a simple copy of the priority application is required. A certified English translation of the priority application would be required if the priority document is not originally in English. Please confirm if the goods or services in the priority application are identical to the goods or services claimed in the present application. Where the priority claim is not in respect of all the goods or services claimed in the class, please state the goods or services in respect of which priority is claimed.

  • Declaration of use or bona fide intention to use mark – Please request the Applicant to execute the attached declaration form to state that there is use or bona fide intention to use the mark (legalisation or notarisation is not required). Upon execution, please provide us with a copy of the declaration form.


Procedure and time frame

The examination of a new application should be completed within 12-18 months from the filing date. If no objection is raised, the mark will be published in the Singapore Trade Marks Journal for a period of 2 months (extendable for another 2 months) for any opposition. If no opposition is filed, the IPOS will issue the certificate of registration.

A mark is vulnerable for cancellation on non-use ground by any third party if it is not been used for five consecutive years without any justifiable reasons.


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.