Invention Patent
Duration of Protection: 20 years from filing date
Examination procedures: an invention application will be publication within 18 months from the filing date. An applicant may request for early publication.
An application will be
substantive examined upon applicant's request within 3 years from a filing date (or a priority date).
Utility Model and Design
Duration of Protection: 10 years from filing date
Formality Examination: There is no substantive examination for both utility model applications and design applications. If an application is in order, a notice of grant will be issued and the application will be published for 2 months.
Trademark
Which Signs shall not be Registered as Trademarks?
The following signs shall not be registered as trademarks:
1. Those only comprising generic names, designs or models of the goods in respect of which the trademarks are used;
2. Those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and
3. Those lacking distinctive features.
The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.
As also provided in Article 28 of the Trademark Law, where a trademark the registration of which has been applied for is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application.
Publication and opposition
Once a trademark application has been approved, it shall be published for 3 months; an opposition action may be filed within opposition period.
Duration of Protection
10 years from registration date.
Renewal
A
registration may be renewed for another 10 years.