Jurisdictions

Asia

Classification

NICE classification (11th edition)

Restrictions

Goods under class 33 are prohibited

WIPO-Administered Treaties

Paris Convention, Berne Convention, Madrid Protocol

Multiclass applications

N/A

Priority claiming

Applicable

Opposition period

30 days

Protection period

10 years from filing date/Priority filing date

Trademark Registration Time Frame

6-9 months

Trademark Grace Period

None by law, 1-4 weeks by practice

Renewal term

10 years

Use

Vulnerable to cancellation if the mark was not used for consecutive 3 years from the registration date


Required Documents for filing a trademark application:
- Original POA notarized and legalized up to the Afghanistan Consulate.
- Full name, address, and nationality of the applicant and the legal status of the applicant in English.
- Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English in case the mark contains foreign characters.
- List of goods and/services to be covered.
- Prints of the trademark.
- If priority is claimed: statement of country, application number and filing date of the original foreign application from which the priority is claimed.

Trademark registration procedure:
Once a trademark application is filed, the filing notification indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations within 15 days from the receipt of the payment. The certificate of registration is issued upon completing all the filing requirements. Use of marks in Afghanistan is not compulsory for filing applications or necessary for maintaining registrations in force.

 

 

Classification

Nice classification

WIPO-Administered Treaties

Berne Convention, Madrid Agreement, Madrid Protocol, PCT Patent Cooperation Treaty, Paris Convention

Multiclass applications

Applicable with extra fees for each class

Priority claiming

Applicable

Protection period

10 years from the date of filing

Opposition period

Opposition is possible after the application publication date and before the issuance of the registration certificate.

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Trademark Registration Time Frame

12-26 months

Use

Trademark can be suspended by a request made by any third party if it is not used in 5 consecutive years without any proper reason.

Notes

Fee for filing the trademark application depends on the number of goods/services in a class. Generic terms are not acceptable for registration. So, specification of goods/services are needed.


Required Documents for filing a trademark application:
- Simply signed Power of Attorney.
- Full name, address, and nationality of the applicant.
- Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English in case the trademark contains foreign characters.
- List of goods and/services to be covered.
- If a priority is claimed: statement of country, application number and filing date of the original foreign application from which the priority is claimed.
- 5 specimens of the mark (15mm x 15mm).

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined as to its registrability. The time from filing to granting date takes up to 15-18 months, of which 1 month is for formality examination, 2 months are for data preparation for publication and 12-15 months are for substantive examination and publication of trademark application. In practice, the examination time may last longer due to the backlog of applications. The IP Office issues approval letters for the acceptance at formality stage. After that, the application will be published and then it enters the substantive examination. At substantive stage, the IP Office will consider and assess the registrability of the trademark based on the protection criteria regulated in IP law. Accordingly, the examiners will assess whether the mark shall be considered as distinctive or not, it is identical or confusingly similar to the prior trademarks or not, etc. If the mark satisfies the protection criteria, the IP Office will issue a granting notice stating that the mark is registrable. Otherwise, they will issue the refusal notice with the detailed reasons. Substantive examination in Vietnam often takes around 18 months or more from the date of publication. Once the trademark is accepted, it will be published in the official gazette as well as in a daily newspaper after registration. If the trademark is registered after paying the registration fees, trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years.

 

 

Classification

Nice classification (11th edition)

WIPO-Administered Treaties

Paris Convention, Madrid Protocol, Berne Convention, Locarno Agreement, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

2 months

Protection period

10 years of the filing date

Trademark Registration Time Frame

8-10 months

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 5 years from the registration date


Required Documents for filing a trademark application:
- Scanned copy of the signed and sealed POA
- Copy of priority document if priority is claimed.
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined as to procedural examination and examination for absolute grounds for refusal. If the trademark is accepted, it will then be Published in the Official Bulletin for a period of 2 months. During the publication period any third party can oppose the application. If the opposition period lapsed with no oppositions, the trademark will be registered after paying the registration fees, trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years. Use of a trademark is not compulsory for filing application neither for registration nor for maintaining the registration in force.

 

 

Classification

Nice classification (11th edition)

WIPO-Administered Treaties

Paris Convention, Berne Convention, PCT Patent Cooperation Treaty

Multiclass applications

N/A

Priority claiming

Applicable

Opposition period

3 months

Protection period

10 years of the filing date

Trademark Registration Time Frame

2-4 years

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 5 years

Required Documents for filing a trademark application:

- Clear indication of the POA simply signed by the CEO/ President/ Vice President/ Director/ Partner/ Company Secretary or a letter of authorization authorizing the signatory to sign the documents may be issued by any of the aforementioned designees.
- Authorization of Agent form
- If priority is claimed, a certified copy of the convention application
- Precise derivation of the trademark and if the trademark is not in English a certified translation thereof.
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.
- If the character is not in English, a sworn translation and transliteration of the mark, certified by a sworn translator or notarized.

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined by the National Intellectual Property Office a formalities examination and substantive examination. If the trademark is approved, it will then be published in the government gazette for three months. During the publication period any third party can oppose the application. If the opposition period lapsed with no opposition, the trademark will be registered, trademark registration is valid for 10 years as of the date of filing, renewable for similar periods of 10 years.

 

 

Classification

NICE classification

WIPO-Administered Treaties

Paris Convention, Berne Convention, Locarno Agreement, Madrid Agreement, Madrid Protocol, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

Opposition against registration of the application starting after the date of publication of the trademark details before the decision to grant a trademark certificate in Russia is taken by the Examiner

Protection period

10 years from the filing date

Trademark Registration Time Frame

10-16 months

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years and one month from the registration date


Required Documents for filing a trademark application:
- A Power of Attorney stamped & simply signed by the authorized person at the company.
- Two prints of the trademark and its meaning (if available).
- Confirmation whether the trademark is in use in Pakistan or proposed to be used. If in use, the period of use shall be specified.
- The name, address, and nationality/domicile of the applicant.
- List of goods and/services to be covered.
- If priority is claimed: A certified copy of such a document with its Russian translation with notarization should be presented within two months from the filing date of the trademark application at the Russian Federal Service of Intellectual Property.

Trademark registration procedure:
The trademark application must be filed in Russian language only. Any supporting documents must be translated into Russian language and submitted by the applicant within two months from the filing date of the application. Afterwards, the trademark is examined in terms of form and substance. If the trademark is accepted, it will then be Published in the Official gazette for a period of time. During the publication period any third party can oppose the application. Opposition against registration of the application starting after the date of publication of the trademark details before the decision to grant a trademark certificate in Russia is taken by the Examiner. If the opposition period lapsed with no oppositions, the Certificate of Registration will be issued within 1 month of the date of receipt of the official fees for registration.

 

 

Classification

NICE classification

WIPO-Administered Treaties

Paris Convention, Berne Convention, Madrid Protocol

Multiclass applications

N/A

Priority claiming

Applicable

Opposition period

2 months

Protection period

10 years from the filing date

Trademark Registration Time Frame

6- 11 months

Trademark Grace Period

4 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years and one month from the registration date

Notes

- Use of a trademark is not mandatory for filing an application.

- Joint application is possible (trademark registered in the name of more than one applicant).


Required Documents for filing a trademark application:
- A Power of Attorney duly notarized and signed by the applicant.
- Transliteration and translation of the non-English words appearing in the trademark.
- Confirmation whether the trademark is in use in Pakistan or proposed to be used. If in use, the period of use shall be specified.
- The name, address, and nationality/domicile of the applicant.
- List of goods and/services to be covered.
- Twelve specimens of the trademark, (not needed for word trademarks).
- A certified copy of the application giving the filing date, number, and country, if the application is to be filed with a priority claim.

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined as to its registrability. If the trademark is accepted by the examiner, it will then be Published in the Official gazette and one local newspaper for a period of 2 months. During the publication period any third party can oppose the application. If the opposition period lapsed with no oppositions, the trademark will be registered after paying the registration fees, trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years.

 

 

Classification

NICE classification

WIPO-Administered Treaties

Paris Convention, Berne Convention, Madrid Protocol, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

2 months

Protection period

10 years from the filing date

Trademark Registration Time Frame

12-18 months

Trademark Grace Period

One month

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years from the registration date

Notes

- Joint application is possible (trademark registered in the name of more than one applicant).

- Use is not required before registration


Required Documents for filing a trademark application:
- The name of an individual, company or firm represented in a special or particular manner.
- The signature of the applicant for registration or of some predecessor in his business
- Full name, address, and nationality.
- Representation of the trademark.
- List of goods and/services to be covered.
- If a priority is claimed: Scanned copy of priority documents.

Trademark registration procedure:
Once the trademark is registered, no third party other than the proprietor or authorized users can use the trademark. A trademark registration is valid for ten (10) years from the date of filing/priority and can be renewed every ten (10) years. Priority can be claimed within six (6) months from the filing date of earlier application.

 

 

Classification

NICE classification (10th edition)

Restrictions

Alcoholic beverages in class 33, "beer, ale and porter" in class 32 and all trademarks containing women pictures are prohibited

WIPO-Administered Treaties

Paris Convention, Locarno Agreement, Madrid Agreement, Madrid Protocol, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

1 month

Protection period

10 years from the filing date

Trademark Registration Time Frame

15-18 months

Trademark Grace Period

6 months

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years from the registration date


Required Documents for filing a trademark application:
- Original Power of Attorney legalized up to the Iranian Consulate. (can be submitted within 50 days) 
- Certificate or notarized copy of the extract from the commercial register.
- Full name, address, nationality, and trading name of the applicant.
- List of goods and/services to be covered.
- Representation of the trademark.
- If a priority is claimed: Scanned copy of priority documents.

Trademark registration procedure:
Once a trademark application is filed, it undergoes a formal examination and is published for opposition purposes. After publication of thirty days and if there is no opposition or objection or office action filed against the application, the trademark proceeds to registration. The application should be processed, examined, and registered within 15-18 months from the date of filing. The registration is valid for 10 years from date of application and is renewable for additional periods of 10 years. Late renewal is possible, within 6 months from the expiry date at no extra cost.

 

 

Classification

NICE classification (11th edition)

Restrictions

Class header of the International Classification of Goods is not allowed

WIPO-Administered Treaties

Paris Convention, Berne Convention, Madrid Protocol, PCT Patent Cooperation Treaty

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

2 months

Protection period

10 years from the filing date

Trademark Registration Time Frame

18-24 months

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years from the registration date.

According to the Trademark Law, a registered trademark shall be used in trade of goods/services.

Notes

Joint application is possible (trademark registered in the name of more than one applicant).


Required Documents for filing a trademark application:
- Simply signed copy of a Power of Attorney.
- Simply signed copy of Statement of Ownership.
- Full name, address, and nationality of the applicant.
- List of goods and/services to be covered.
- Representation of the trademark.
- Trademark label with English translation and transliteration (if the trademark is written in other character).
- If priority is claimed: Applications must be filed within a period of not later than 6 months as from the filing date. Certified copy of the priority document and an Indonesian sworn translation of the English document is required.

Trademark registration procedure:
Once a trademark application is filed, it undergoes a formal examination and is published for opposition purposes, and thereafter proceeds to substantive examination. After publication of two months and if there is no opposition or objection or office action filed against the application, the trademark proceeds to registration. The application should be processed, examined and registered within 18-24 months from the date of filing. The registration is valid for 10 years from date of application and is renewable for additional periods of 10 years. Late renewal is possible, within 6 months from the expiry date.

 

 

Classification

NICE classification (10th edition)

WIPO-Administered Treaties

Paris Convention, Berne Convention, Locarno Agreement, Madrid Protocol, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

4 months

Protection period

10 years from the filing date

Trademark Registration Time Frame

6-24 months

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 5 years from the registration date

Notes

- Use of trademarks in India is not compulsory for filing applications. However, pre-filing use of the trademark can be advantageous as the first use obtains ownership, even if other parties subsequently register it.

- Joint application is possible (trademark registered in the name of more than one applicant).


Required Documents for filing a trademark application:
- Copy of a simply signed Power of Attorney.
- Full name, address, and nationality of the applicant.
- List of goods and/or services to be covered.
- Representation of the trademark.
- If the certificate is not in English, a certified/notarized English translation is required.
- If a priority is claimed: A certified priority document in English or a copy of it duly notarized.
- Trademark use/expected use date in India.

Trademark registration procedure:
Once a trademark application is filed, it is examined as to its registrability which includes distinctiveness, deceptiveness, etc. and availability based on the existence of prior trademarks registered or pending applications. Once an examination report is issued, the applicant or his representative must reply within one month of the date of receipt. If the Registrar is not satisfied, he will call the applicant for a hearing. In case the application is rejected, the applicant can file a request for O/A review. If the trademark application is accepted, it will be published in the Trademarks Journal. During the publication period any third party can oppose the application. If the opposition period lapsed with no opposition, the trademark will be registered after paying the registration fees, trademark registration is valid for 10 years as of the date of filing the application, renewable for 10 years period. If not renewed within the 6-month grace period, the trademark would be removed from the register of trademarks. An application for restoration and renewal can be filed within one year from the date of the expiration of the registered trademark.

 

 

Classification

Nice classification (11th edition)

WIPO-Administered Treaties

Paris Convention, Madrid Protocol, Berne Convention, Locarno Agreement, Madrid Agreement, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

3 months

Protection period

10 years of the filing date

Trademark Registration Time Frame

10-16 months

Trademark Grace Period

6 months

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for consecutive 3 years


Required Documents for filing a trademark application:
- Scanned copy of the signed and sealed POA.
- Copy of the company registration certificate with stamp or signature/passport of the client.
- The name, nationality, address, and occupation of the applicant in English and Chinese.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.
- Meaning of the trademark, if any.
- Original certified copy of the priority document if priority is claimed.

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined by the CNIPA following the priciple of "case-by-case" examination of trademarks at two stages, the first stage examines the application in terms of, formalities, absolute Grounds (inherent registrability of a trademark) and issue approval or rejection letters accordingly within 15 days. The second stage which usually takes from 4-6 months, examines the application in terms of relative Grounds (conflict with prior trademark rights) with one month period (non extendable) for submitting the response. If the TMO approves the trademark application, it will be published in the Official Gazette for three months. During the publication period any third party can oppose the application. If the opposition period lapsed with no opposition, the trademark will be registered, trademark registration is valid for 10 years as of the date of registration, renewable for similar periods of 10 years.