Trademark Registration: Urgent Notice from China Trademark Office

Notice
From the middle of April, 2014, there is a complete upgrade of automatic system of Trademark registration and management. While a serious technical problem happened during the upgrading process, which results in the works of trademark registration such as the acceptance of applications, examination, production of trademark registration certificate, acceptance and hear of trademark appraisal can’t be proceeded.

Now, some services of trademark like the examination of trademark registration returns to normal. But the acceptance of applications of trademark registration, production of trademark registration certificates, acceptance and hear of trademark appraisal and others are still on hold. For the inconveniences caused by, we sincerely apologize for that.
We are trying our best to fix up the system and make sure all works can return to normal as soon as possible.

Hereby Notice.
State Administration for Industry and Commerce
8/11/2014
Since the notice is urgent, the official english edition will release later.
Here is only the Chinese link below:
http://sbj.saic.gov.cn/sbyw/201408/t20140811_147459.html

Touch Law Firm is dedicated to providing Trademark Registration, Trademark Search service in China, as well as company registration, tax & accounting, intellectual property, legal service etc. For further information, please follow our online secretary Ms. Touch (ID: touch-law-firm), call at +8620-8355 5515 or email to info@touchlawfirm.com

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Urgent Notice from China Trademark Office

Why I have No Notice of Acceptance from Trademark Office in China?

The new Trademark Law is enforced from May 1st, 2014 and still in the transitory stage. It takes time to adjust the system and complete the specific rules. The reasons why there is no notice of acceptance from Mark Office are as followed:

1. The Upgrade of Trademark Office System

From April to June, there is an upgrade of Trademark office system. And during that period, the office will only accept the documents but not actually process them, which cause different influences to each procedure of Trademark application.

2. The Changes of Trademark Processing Procedure

The biggest change Trademark processing procedure is from the procedure of material inspection. The Trademark office applies a new way of material inspection and has much stricter requirement to it. What’s more, the notice of acceptance can only be issued after the pass of second material inspection, which means the Trademark office will firstly issue the additions and corrections notice if there is mistakes of the submitted materials, then the notice of acceptance after all are corrected.

Old application procedure of Trademark registration

Receive Materials---Inspect Material---Input Material---Proceed Fee---Issue Notice of Acceptance

New Application Procedure of Trademark Registration

Receive Materials---Inspect Material---Proceed Fee---Second Time of Inspecting Material---Issue Notice of Acceptance

Touch Law Firm is dedicated to providing Trademark Registration in China, Trademark Search service in China, as well as company registration, tax & accounting, intellectual property, legal service etc. For further information or to contact us at 8620-8355 5515 or email to info@touchlawfirm.com

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Why There is No Notice of Acceptance from Trademark Office? 

Touch Law Firm's Legal Service: Deal With Employee Disputes in China

The foreign business owner in China like you probably have not been to labor court at least once. Therefore, former employees who bring these complaints tend to be financially focused – many believe that a company will settle just to stay out of the courts.

Many Western companies have taken a stance of going to court and not settling these disputes to avoid earning a reputation for caving in. Frustratingly, the thing you ignore will one day become the danger you will face.

One companies’ first auctioneer at iPai — the Chinese subsidiary of the Phoenix-based auction company — offered his resignation, telling the boss that he wanted to leave Shanghai to return to his hometown to work. He gave the customary 30 days’ notice and continued to work until his last day. The boss hired another auctioneer and thought no more of the matter. Then the company received notice that he had filed a labor dispute.

In the dispute, he said he had never signed the agreement with the company. If the judge were to rule for the former employee, the company would owe him one full year of his substantial pay for not having a signed labor contract.

Fortunately, the company arrived at court with an original and copy of the document.

If you choose to navigate the rocks and shoals of Chinese employment contracts, here are three tips to keep in mind:

1. Know the labor law and stay on top of changes.
2. Have very specific, detailed job descriptions for your labor contracts.
3. Keep original labor agreements, and keep them secured like the valuable assets they are – or may someday become.

Legal risks are hiding everywhere. Since China's existing laws and regulations has related to imperfections, Touch Law Firm suggests you should do the prevention for your business.

Touch Law Firm provide annual legal counselor service for you. Professional legal advice and solutions can help you avoid all the different risk in China. If you are interested in our annual legal counselor service or other legal service, do not hesitate to contact us at 8620-8355 5515 or email to info@touchlawfirm.com

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 Dealing With Employee Disputes in China

How to Change the Business Scope of Guangzhou Company

In China, a company’s operations are defined by its business scope, a one-sentence description of the industry(s) it is authorized to operate in. Therefore, any significant change to company operations must be preceded by a registered change of business scope.

The wholly-foreign owned enterprises (WFOE) are categorized as one of three types—Service, Trading, or Manufacturing—which differ in terms of their eligible business scope and corporate establishment procedure. Generally, it is much easier to register a change of business scope within one’s existing WFOE category, rather than expand from a Service WFOE into a Manufacturing WFOE, for example.

Often, but not always, a change of business scope will require additional investment into the company’s registered capital, which can considerably prolong the application process. Additionally, depending on the nature of the proposed change of business scope, the enterprise may be required to obtain additional approval or modify their business premises to engage in the specified industry. Lastly, the enterprise will have to renew its Certificate of Approval granted by MOFCOM, this being the distinguishing factor between FIEs and domestic enterprises. These steps must all be completed prior to applying with the Administration of Industry and Commerce (AIC) to change the enterprise business scope, which proceeds as follows:

 

Step 1 — The company should convene a shareholder meeting and obtain a decision to alter the company business scope, including the specific revision(s) to be made. Next, the business scope as appearing in the company’s articles of association should be altered in light of the decision. Within 30 days of this decision, the company should apply at the original AIC of registration using the related application form. Following AIC approval and the payment of related fees, the company will receive the revised business license.

Step 2 — As with any update to a company’s business license, there will be various other forms of documentation that must be updated in light of the revised business scope, including the enterprise’s tax registration. Updating tax registration is quite complex, but is a crucial step in the overall process, as it affects the company’s ability to issue fapiaos (and thereby allow its customers to deduct input VAT).

Even based on the condensed procedure given above, it should be clear that modifying the business scope of a company in China is no easy task. Given the proper planning, however, it can be done. Depending on the specific revisions to be made to one’s business scope, the overall process can carry on for months, excluding the time required for the company to prepare internal documents.

 Touch Law Firm is dedicated to provide business scope changing service in China, as well as company registration in China, tax & accounting, intellectual property, and legal service for you. For further information or to contact us at 020-8355 5515 or email to info@touchlawfirm.com

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Changing Business Scope of a Company in China

Touch Law Firm's 2014 Ramadan Kareem Iftar

On July 18th, 2014, Touch Law Firm hosted the 2014 Ramadan Kareem Iftar at Salam International Restaurant.

It was also a great opportunity to celebrate Touch Law Firm’s 5th Anniversary during the Islam’s holy month of Ramadan.

Touch Law Firm’s managing director Mr. Jimmy Li Tianzhi made the welcome speech by illustrating that Guangzhou had been the commercial bridge between China and the Middle East for over 2,000 years. As Touch Law Firm is now headquartered in Guangzhou, we would also like to devote ourselves in facilitating business development and prosperity for both sides.

During the Iftar, we had celebrated the birthday of both Touch Law Firm and our customer and dear friend Mr. Ali Omar. It was an exciting moment for attending guests during the birthday festivity, while Mr. Ali Omar had also expressed his thanks to Touch Law Firm and shared his business experiences in China.

Furthermore, managing director Mr. Jimmy Li Tianzhi awarded Salam Group a memento of endorsement for purchase of our annual legal counselor service, and in the name of Ramadan, made a donation of $2,000HKD to the United Nations High Commissioner for Refugees (UNHCR). It was great an opportunity to help protect client’s business from legal issues, as well as helping to save others in need.

Finally, the 2014 Touch Law Firm Ramadan Kareem Iftar ended in the cheers of a round of lucky draw. Thank you for your constant support and we look forward to seeing you soon.

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2014 Touch Law Firm Ramadan Kareem Iftar

Touch Law Firm's Legal Seminar about International Maritime Transportation Risks & Prevention

For modern international trade, China is the best choice for foreign merchants. After goods had been purchased, choosing the form of transportation for the shipments is important. In addition to fuel efficiency and cargo capacity, utilizing ships to transport these goods are of great benefit to merchants and most of which, merchants will make the terms of shipping by customary rule. However, the terms of the contract may not be in accordance with the Chinese laws and regulations and thus, no one can guarantee your investments from damages.

Come join us at our legal seminar on International Maritime Transportation Risks & Prevention to learn more about how you can avoid these potential risks and secure your profits in China. ( Here are some amazing moments of the First Section Legal Seminar of Touch Law Firm about International Trade Risk & Prevention)

Speaker:

Mr. Junius Xu, one of the most experienced English speaking lawyers on international legal affairs in Guangzhou.

Time:

August 8th (Friday), 2014

Agenda:

15:30-16:00-Registration
16:00-16:45-Seminar
16:45-17:00-Communication
17:00-17:15-Tea Break
17:15-17:30-Lucky Draw

Topic:

1. The types of the Maritime Legal Risks
2. Risk analysis of each link
3. The terms of the maritime transportation
4. Prevention Measures

Venue:

(Meeting Room of Touch Law Firm) Room 1909, Office Tower, Asia International Hotel, 326, Huanshidong Rd., Guangzhou

FREE OF CHARGE, LIMITED SEATING
FIRST COME FIRST SERVED

RSVP via Tel 8620-8355 5515 or E-mail info@touchlawfirm.com or WeChat before August 6th .

Thank you!

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 Seminar about International Maritime Transportation Risks & Prevention

To Exhibit & Explore More Business Opportunities in China

Since ancient times, the Maritime Silk Road has been an important bridge between East and West for economic and trading exchanges. It played an irreplaceable role to promote the economic and trading exchanges and cooperation between East and West. In 2013, China has developed a starting point of building a “21st Century Marine Silk Road". It was supported by economic belt in the countries along the Maritime Silk Road and got positive response. 

 

Thus, China Council for the Promotion of International Trade Guangdong Provincial Committee will host the "Guangdong 21st Century Maritime Silk Road International Fair". We not only invite foreign businessmen from all over the world to set up booths, but also welcome them to purchase in the fair.

 

Time:
October 31st , 2014 – November 2nd, 2014

 

Venue:
Guangdong Modern International Exhibition Center, Dongguan City, Guangdong Province

 

Benefits of Joining the Fair:
1. To show your business and products to all businessmen from home and abroad in the fair.
2. Some leaders or representatives in the commercial world of different countries will attend the fair.
3. It’s the largest international fair for "21st Century Maritime Silk Road" in China
4. You can get free booths by registering via Touch Law Firm. 

 

If you are interested in the fair, please contact us at (8620)-8355 5515, Email: info@touchlawfirm.com, WeChat: Touch-Law-Firm to register before 15:00 at August 4th, 2014. 

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Guangdong 21st Century Maritime Silk Road International Fair