Beijing Sndre International Intellectual Property Attorney Co., Ltd. /
Beijing Sndre Lawyer Office is one of the fastest growing full-service IP
law firms in China, which is officially licensed by Trademark Office of
China (CTMO) and State Intellectual Property Office (SIPO). Sndre is one of
few Chinese law firms qualified for handling foreign IP matters. To become a
international law firm with global perspective, Sndre has set up its UK
representative office UK SNDRE INTERNATIONAL INTELLECTUAL PROPERTY SERVICE
LIMITED。
Sndre owns a team comprising of dedicated, experienced, qualified, and
highly competent examiners, attorneys and supporting staff to carry out the
work of Intellectual Property. Sndre proudly represents clients from all
over the world in every matter relating to patent, trademark and copyright,
including patent application, trademark registration, IP lawsuits, patent
annuity management, trademark renewal and supervision, computer software
registration, integrated circuit topography registration, recordal of IP
rights at Customs, and myriad of other IP related matters.
Sndre has been striving to nurture high-class legal professionals, provide
first-rate services, and accomplish outstanding results. In order to achieve
this goal, an effective mode of action consisting of comprehensive
mobilization of wisdom, enthusiasm and initiative in our staff was
established so that an esprit de corps, a quality that enables premium
professional legal services for the protection of intellectual property, is
engendered. Our cautious and conscientious working attitude gives our
clients premium service. From the outset, we lay emphasis on quality
controlling to ensure all the precision of the translation and all the
written documents with the best quality. Therefore, our firm have received
numerous honours and rewards as well as built trust with domestic and
foreign clients.
Sndre has already established and maintained strong cooperative
relationships with a great number of leading companies and law firms around
the world. We view our record of success and our reputation for performance
as being made possible only through the support of our clients, associates,
and friends from around the world; they are our most important business
partners, and we regard their interests and security as a measure of our
own. By fostering understanding and communication and the long term mutually
beneficial relationships, Sndre is keeping up with the changes of global IP
environment. Thereby, we are able to strive for our client's and partner's
most satisfaction by our high tailored service and our most transparent
prices.
AREAS OF PRACTICE
Patent:
• Assessing the patentability of inventions.
• Drafting, filing and prosecuting Chinese, Hong Kong and PCT patent
applications.
• Instructing the filing and prosecution of patent applications worldwide.
• Assistance in enforcing patent rights against infringers.
• Advising on ways to avoid infringement of patents.
• Filing request for the invalidation of patents.
• Helping with licenses and assignments of patents and their formal
recordal.
• Maintaining patents in force.
• Providing patent searching and watching services.
Trademark:
• Advising on the availability for use of proposed trademarks and their
registrability.
• Filing and prosecuting Chinese, Hong Kong and Madrid Agreement or Madrid
Protocol trademark applications.
• Instructing the filing and prosecution of trademark applications
worldwide.
• Assistance in enforcing trademark rights against infringers.
• Advising on anti-counterfeiting measures.
• Negotiating for solutions of trademark related disputes.
• Filing oppositions to or applying for the cancellations of registrations
held by other parties.
• Helping with licenses and assignments of trademarks and their formal
recordal.
• Advising and assisting on the trade mark implications of business
acquisitions and disposals.
• Providing trademark searching, watching and advertising services.
• Designing trademarks in the Roman alphabets or in Chinese characters.
Additional legal affairs
Litigation affairs:
• IP administrative litigation;
• IP infringement litigation;
• IP rights ownership litigation;
• Technology contract dispute litigation;
• Economic contract dispute litigation;
• Company Law dispute litigation.
Non-litigation legal affairs:
• Obtaining copyrights and computer software registrations.
• Filing domain name registrations.
• Representing clients in domain name dispute resolution procedures.
• Filing layout-design of integrated circuits applications.
• Filing customs recording of IP rights.
• Advising and counseling on trade secret, unfair competition, etc.
• Other IP related service as per Clients’ Request
Trademark
General Situation
A trademark (including Service Mark) is a sign that identifies and
distinguishes the source of the goods or services of one party from those of
others. In market economy, trademarks play a significant role in guiding
market business, boosting national economy and protecting consumers’ rights
and interests.
The owner of a trademark shall apply to the Trademark Office for
registration if he wants the trademark used in business to be fully
protected by law. Once a trademark is approved and registered, the trademark
registrant is entitled to the exclusive rights to use the trademark, which
includes: 1. Right to use the trademark; 2. Exclusive right; 3. Right to
license; 4. Restraining Power; 5. Right of mortgage; 6. Right to invest; 7.
Right of assignment; 8. Heirdom.
And we would like to draw your attention that, according to current
different trademark protection systems of China as well as Taiwan, Hong Kong
and Macau, the exclusive protection right of a registered trademark in any
one of them DOES NOT cover its exclusive protection right in another.
Therefore, for instance, filing a trademark application in China does NOT
actually cover the scope of its exclusive protection right in such business
booming regions as Hong Kong, Taiwan or Macau. In order to get comprehensive
protection of your trademarks in China, we strongly suggest that your client
register your trademarks respectively in mainland China, Hong Kong, Macao
and Taiwan.
Basic requirements for filing a trade mark application in China, Hong Kong,
Taiwan and Macau
1. Power of attorney signed by the applicant, if filing in Macau, a
notarized power of attorney is required. Welcome to download the
corresponding POA via our website www.sndre.com
2. An instruction letter indicating the applicant’s detail, i.e. its
nationality, name, and address;
3. Wording or representation of the planned trademark application. In case
of design or combined design and word mark applications we need a specimen
of the mark to prepare the prints in accordance with the requirements of
Trademark Office of China. If colours are to be claimed, we need a coloured
sample;
4. List of Goods or Services to be protected;
5. If the applicant is one corporation, an electronic copy of the Commercial
Register, or the certificate of incorporation, or other Business License of
the corporation is needed. For a natural person, the electronic copy of
his/her passport is available and enough;
6. A certified copy of the corresponding foreign application in case
priority is to be claimed.
Note:
About Priority: according to Trademark Law of People’s Republic of China,
there are two types of priority to be claimed:
1. Where a trademark is first used for goods in an international exhibition
on sponsored or recognized by Chinese Government, the applicant for the
registration of the trademark may enjoy the right of priority within six
months from the date of exhibition of the goods.
2. Any applicant for the registration of a trademark who files an
application for registration of the same trademark for identica1 goods in
China within six months from the date of filing the first application for
the trademark registration overseas may enjoy the right of priority in
accordance with any agreement concluded between the People's Republic of
China and the country to which the applicant belongs, or according to the
international treaty to which both countries are parties, or on the basis of
the principle whereby each acknowledges the right of priority of the other.
Charges of applying for trademark registration in China, Hong Kong, Taiwan
and Macau
Generally, it takes three stages for a application mature to registration:
Stage 1, Application; Stage 2, Examination and Publication; Stage 3,
Acceptance and Registration. Because there is just 10 years for the newly
registered mark, in order to maintain the protection of the registered mark,
the registration should be renewed every 10 years.
About trademark search:
A trade mark registration is infringed by unauthorized use of the same or
similar trademark, either on the goods covered by the registration or on
similar goods if there is likely to be confusion. Moreover, a registered
trade mark which has become well known in China will be infringed by the use
of the same or similar mark on totally dissimilar goods where the later use,
being without due case, takes unfair advantages of or is detrimental to the
distinctive character or the repute of the well known registered trademark.
Therefore, once a trade mark has been chosen, it is very important to
conduct clearance searches to see if the trade mark is free for use. We can
readily conduct searches of the Trade Marks Register.
Now we can offer two main types of searches:
1. We can conduct a basic search covering identical and very similar marks
found on the Chinese Trade Marks Register for free. This includes Chinese
Trademark applications and registrations, as well as international
application /registration designating China.
2. Alternatively, we can conduct a full clearance search which is a much
more extensive search covering identical and similar marks on the Chinese
Register, plus limited searches for potentially conflicting unregistered
rights. The cost of this type of search is subject to the complexity of the
mark (class/classes, products or service covered, word mark or device mark,
etc.) and your specific requirements (time requirements, etc.).
Mainland China Trademark
PARTICULARS Official Fees
EURO Attorney Fees
EURO
Trademark Search* - 0
1 Application Stage 100 200
Preparing and filing an application of a trademark/service mark in one
class(not exceeding 10 items of goods or service, for each additional good
or service more than limit of 10, additional EURO 10 Official Fee is
charged)
2 Examination and Publication Stage
3 Acceptance and Registration Stage （10 years）
MISCELLANEOUS
Postages, facsimiles, translation and copying fees per trademark
- 30
Hong Kong Trademark
PARTICULARS Official Fees
EURO Attorney Fees
EURO
Trademark Search* - 0
1 Application Stage 130 260
Preparing and filing an application of a trademark in one class
2 Examination and Publication Stage
3 Acceptance and Registration Stage（10 years）
MISCELLANEOUS
Postages, facsimiles, translation and copying fees per trademark
- 30
Macao Trademark
PARTICULARS Official Fees
EURO Attorney Fees
EURO
Trademark Search* - 0
1 Application Stage 100 280
Preparing and filing an application of a trademark/service mark in one
class
2 Examination and Publication Stage
3 Acceptance and Registration Stage（7 years）
MISCELLANEOUS
Postages, facsimiles, translation and copying fees per trademark
- 30
Taiwan Trademark
PARTICULARS Official Fees
EURO Attorney Fees
EURO
Trademark Search* - 0
1 Application Stage 170 300
Preparing and filing an application of Trademark/Service Mark less than
20
items of goods
2 Examination and Publication Stage
3 Acceptance and Registration Stage（10 years）
MISCELLANEOUS
Postages, facsimiles, translation and copying fees per trademark
- 30
Note:
1. The above fees are full fees from application to smooth registration.
2.Please pay bank commissions to assure us full fees received.
3.If priority right is claimed, additional EURO 50.00 is charged for
preparing and processing the identification documents of priority right.
4.If your trademark has already been in application process, we could handle
amendment, assignment, opposition, defense, renewal, license or other
relevant trademark matters for you. Should you need further information,
please feel free to contact us directly via phone, fax or email.
Patent
Please take note that patent is also protected regionally. For example, a
patent registration in mainland China does NOT actually cover the protection
of its exclusive right in Hong Kong, Taiwan and Macau. In order to get
comprehensive protection of your patents in China, you should register your
patent respectively in mainland China, Hong Kong, Macao and Taiwan.
Mainland China Patent
PARTICULARS Official Fees
EURO Attorney Fees
EURO
I Patents for Invention
101. Filing an application (including publication fee) 95 450
102. Filing a PCT application for national phase entry (including
publication fee) 95 500
103. Filing a divisional application (including publication fee) 95
450
104. Additional charge for specification including drawings
in excess of 30 pages, per page 5 -
in excess of 300 pages, per page 10 -
105. Additional charge for claims in excess of 10, per claim 15 5
106. Filing request for earlier publication 63
107. Filing request for substantive examination 250 130
108. Filing request for re-examination 100 450
109. Patent certificate fee (including printing fee and stamp tax) 25.5
700
110. Filing request for invalidation 3000 5800
111. Fee for deposit of microorganism for 30 years
a) Microorganisms (per strain) 500$ *
b) Cell lines, animal and plant viruses (per strain) 700$ *
112. Fee for viability report *
a) Microorganisms (per strain) 50$
b) Cell lines, animal and plant viruses (per strain) 70$ *
113. Fee for providing samples of microorganisms
a) Microorganisms (per strain) 30$ *
b) Cell lines, animal and plant viruses (per strain) 50$ *
114. Quarantine 50$ *
115. Application maintenance fee (per annum) 30 27
116. Annuities (per annum)
1st to 3rd year 90 45
4th to 6th year 120 54
7th to 9th year 200 63
10th to 12th year 400 72
13th to 15th year 600 81
16th to 20th year 800 90
117. Delayed payment of annuity or maintenance fee within six months +25%
surcharge 45
118. Late entering into national phase of PCT application 100 220
119. Restoring the unity of the invention for PCT application 90 200
120. Filing request for correction of priority 30 100
PARTICULARS Official Fees
EURO Attorney Fees
EURO
II Patents for Utility Model
201. Filing an application 50 360
202. Filing a divisional application 50 360
203. Filing a PCT application for national phase entry 50 400
204. Additional charge for specification (including drawings)
in excess of 30 pages, per page 5 -
in excess of 300 pages, per page 10 -
205. Additional charge for claim in excess of 10, per claim 15 5
206. Filing request for re-examination 30 400
207. Patent certificate fee (including printing fee and stamp tax) 20.5
70
208. Filing request for invalidation 150 450
209. Annuities (per annum)
1st to 3rd year 60 45
4th to 5th year 90 54
6th to 8th year 120 63
9th to10th year 200 72
210. Delayed payment of annuity fee within six months +25% surcharge 45
211. Late entering into national phase of PCT application 100 220
212. Restoring the unity of the invention of PCT application 90 200
213. Conducting the search of Utility Model 240 90
214. Filing request for correction of priority 30 100
III Patents for Design
301. Filing an application 50 280
302. Filing a divisional application 50 280
303. Filing request for re-examination 30 360
304. Patent certificate fee (including printing fee and stamp tax) 20.5
70
305. Filing request for invalidation 150 450
306. Annuities (per annum)
1st to 3rd year 60 45
4th to 5th year 90 54
6th to 8th year 120 63
9th to10th year 200 72
307. Delayed payment of annuity fee within six months +25% surcharge 45
PARTICULARS Official Fees
EURO Attorney Fees
EURO
IV Fees in General
401. Late filing of documents and references - 54
402. Receiving and forwarding official documents - 45
403. Registration of change of bibliographic data for agency 5 70
404. Registration of change of bibliographic data for
inventor, applicant, and patentee 20 70
405. Claiming priority
a) Claiming single conventional priority 8 54
b) Additional charge for each additional priority 8 36
406. Filing a request for exception to loss of novelty - 90
407. Interview with examiner - 270min
408. Providing a certified copy of Chinese patent application 10 90
409. Filing request for extension of time limit (for the same notification
or office action)
The request for the first extension (per month) 30 70
The request for the second extension (per month) 200 70
410. Recording a license contract - 130
411. Recording a transfer of a patent right 20 120
412. Recording a transfer of a pending application 20 120
413. Translation fee (per 100 original words or characters)
a) From English into Chinese - 14
b) From Japanese into Chinese - 10
c) From German, Russian or French into Chinese - 20
d) From Chinese into English - 20
e) From Chinese into Japanese - 20
f) From Chinese into German, Russian or French - 22
414. Typewriting
per page of English - 7
per page of Chinese - 10
415. Copying, per page - 0.6
416. Making drawings (per piece)
a) Drawing against a draft - 45min.
b) Correcting a formal drawing - 12min.
c) preparing a drawing - 5
417. Making photo (per piece) - 45min.
418. Restoring right 100 220
419.Preparing observation on the office action - Hourly basis
420. Assuming representation during re-examination or
invalidation - Hourly basis
421. Withdrawing a patent application - 55
Hong Kong Patent
PARTICULARS Official Fees
EURO Attorney Fees
EURO
1 Filing a request to record a designated patent application 350
550
2 Advertising in Government Gazette (re 1 above) 55 —
3 Applying for an extension of time 600* 130
4 For a further year after the expiry of the 5th year
For any succeeding year thereafter
Additional fee for any late payment 270
270
95 190
190
150
5 Filing a request for registration of a designated patent 380
580
6 Advertising in Government Gazette (re 6 above) 68 —
7 Applying for renewal of a standard patent for each further year after
the
expiry of the 3rd year 540 290
Macao Patent
PARTICULARS Official/Attorney
Fees EURO
1 Patents for Invention
1.1 Filing application for Invention Patent 580
1.2 Filing application for essential examination 630
2 Patent for Utility Model
2.1 Filing application for Utility Model (Including the first 2 years
annuity fee) 530
2.2 Filing application for Extension of Patent Including the first 3 years
annuity fee) 580
3 Patent for Design
3.1 Filing application for Design Including the 5 years annuity fee)
680
Taiwan Patent
PARTICULARS Official Fees
EURO Attorney Fees
EURO
1 Patent Application Fees
1.1 Filing Application for Invention Patent
(Including essential examination) 370 760
1.2 Additional charge for application (re than 20 items per page)
20
1.3 Filing Application for Utility Model 96 680
1.4 Filing Application for Design 96 350
2 Patent Maintenance Fee
2.1 Obtaining the Certificate 80 150
2.2 Annuities per annum ,1st to 3 st year 80 150
2.3 4 st to 6 st year 160 180
2.4 7 st to 9 st year 320 200
2.5 10 st to 20 st year 640 230
Beijing Sndre International Intellectual Property Attorney co Ltd.
Room 5009, Landingchen Building, No. 85 Huguosi Street,Xicheng District
,Beijing CHINA, postcode100035,
TEL：86- 010 – 68999943 FAX：86- 010 –68999947 wangqingruiMr.
E-mail: [EMAIL PROTECTED] meshwork:www.sndre.com
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