Customs Recordal for Trademark Right
Where our clients intends to have his trademark right protected
through the Chinese Customs, he may firstly record his trademark
right with the General Customs Administration of China. The client
wishes to record his trademark rights with the Customs should provide
the following documents and information:
Documents
1. a duly executed Power of Attorney (as attached),
2. a duplicate of the business license or a copy of the license
certified by local
competent authority,
3. a copy of Chinese trademark registration certificate,
4. and some photographs in two sets showing the product and the
package of the product both bearing the trademark (optional).
Information
1. regarding the trademark owner including its name, nationality,
domicile, legal representative, telephone number, fax number, department
and title of a connecting person,
2. regarding the suspected infringers including their names, addresses,
products, and specific borders that the products enter or leave
the country (if available),
3. regarding any license contracts involved including the name and
address of the licensee, the nature of the license, and the term
of the license.
Procedure
We will file an application with the General Customs Administration
of China for recordal of trademark right and submit related documents
by receiving instructions from the clients.
The General Customs Administration of China shall, within 30 days
from the receipt of all the requisite documents, notify the applicant
or its agent whether the information has been recorded. When the
application is approved, a Notification for Approval of Recordal
will be issued by the General Customs Administration of China. The
duration of the customs recordal shall be 10 years form the date
of fulfillment of the recordal. And the renewal for another 10 years
is available.
Customs Recordal for Patent Right
Where our clients intends to have his patent right protected through
the Chinese Customs, he may firstly record his patent right with
the General Customs Administration of China. The client wishes to
record his patent rights with the Customs should provide the following
documents and information:
Documents
1. a duly executed Power of Attorney (as attached),
2. a duplicate of the business license or a copy of the license
certified by local
competent authority,
3. a copy of Chinese patent certificate,
4. a copy of a page drawn from the Patent Gazette of the year recording
validity of the patent,
5. and some photographs in two sets showing the patented product
and the package of the product.
Information
6. regarding the patent owner including its name, nationality,
domicile, legal representative, telephone number, fax number, department
and title of a connecting person,
7. regarding the suspected infringers including their names, addresses,
products, and specific borders that the products enter or leave
the country (if available),
8. regarding any license contracts involved including the name and
address of the licensee, the nature of the license, and the term
of the license.
Procedure
We will file an application with the General Customs Administration
of China for recordal of patent right and submit related documents
by receiving instructions from the clients.
The General Customs Administration of China shall, within 30 days
from the receipt of all the requisite documents, notify the applicant
or its agent whether the information has been recorded. When the
application is approved, a Notification for Approval of Recordal
will be issued by the General Customs Administration of China. The
duration of the customs recordal shall be 10 years form the date
of fulfillment of the recordal. And the renewal for another 10 years
is available.
Customs Recordal for Copyright
Where our clients intends to have his copyright protected through
the Chinese Customs, he may firstly record his copyright with the
General Customs Administration of China. The client wishes to record
his copyright with the Customs should provide the following documents
and information:
Documents
1. a duly executed Power of Attorney (as attached),
2. a duplicate of the business license or a copy of the license
certified by local
competent authority,
3. a copy of copyright registration certificate issued by National
Copyright Administration of China or local copyright administration,
4. and some photographs in two sets showing the product and the
package of the product.
Information
5. regarding the copyright owner including its name, nationality,
domicile, legal representative, telephone number, fax number, department
and title of a connecting person,
6. regarding the suspected infringers including their names, addresses,
products, and specific borders that the products enter or leave
the country,
7. regarding any license contracts involved including the name and
address of the licensee, the nature of the license, and the term
of the license.
Procedure
We will file an application with the General Customs Administration
of China for recordal of copyright and submit related documents
by receiving instructions from the clients.
The General Customs Administration of China shall, within 30 days
from the receipt of all the requisite documents, notify the applicant
or its agent whether the information has been recorded. When the
application is approved, a Notification for Approval of Recordal
will be issued by the General Customs Administration of China. The
duration of the customs recordal shall be 10 years form the date
of fulfillment of the recordal. And the renewal for another 10 years
is available.
Cost for Customs Recordal of IPR
The official fee and our service fee for filing an application
for recordal of an IPR are respectively RMB 800 (USD 96.96) and
USD 300 plus general fee and disbursement.
Customs Protection Method
Under the circumstance that the client have recorded his registered
IPR with the General Administration of Chinese Customs, the local
Customs will detain initiatively or at the request of the IPR owner
the goods to be exported from or being imported into Chinese boarders,
which are identical or similar to the recorded trademark. If the
detained goods are judged infringing goods, the goods will be confiscated
by the Customs.
Normally, we are contacted by the local Customs when they seize
suspected infringing goods, and report the condition of the goods
and name of the exporter to the clients. We then take instructions
from clients to inspect the goods at the local Customs and lodge
a complaint with the local Customs. We also provide necessary assistance
to the Customs in their investigation at their requests and will
forward Administrative Decision to client issued by the Customs.
Our service fee during the action is charge on hourly basis, which
will be USD 100 per hour plus possible disbursement and translation
fee.
We have been handling Customs protection matters for a couple of
years for large companies such as General Electric Corporation,
Hugoboss Ag., and American Tool Companies, Inc. etc. and has succeeded
in preventing export from Chinese border counterfeits in total value
of several hundred thousand US dollars.
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