China Trademark Registration

China Trademark Registration is a legal way for business people to protect their trademark. China Trademark Registration also enables people to enjoy the exclusive right to use the brand name in China. Trademark protection is obtained by registration.

China Trademark Registration - General Information

The Chinese Trademark Office accepts trademark applications for registration on goods as well as on services. Applications for registration of certificate marks and collective marks are also accepted. The trademark can be letters, designs or a combination of both. Shapes of goods or scent are not registrable.

The Chinese Trademark Office adopts the International Classification of Goods and Services, and multi-class application is still not applicable, one application can only for one mark in one class. The descriptions of the goods/services should be concrete.

Examination is based on absolute ground and relative ground. Before registration, there is a period of three (3) months for public opposition purpose.

China Trademark Registration - Requirements

China trademark registration application has to be filed before the Trademark Office by a local agent. A signed power of attorney is necessary. Foreign applicants do not need a domestic company registration. Foreign applicants can only file through an officially recognized agent. A copy of the business certificate (if the applicant is a company) or a copy of the applicant’s ID card or passport (if the applicant is an individual) is required. NOTE: 1 class covers 10 class items. For each additional class item beyond the 10th item for each class there is an extra fee.

In applying for trademark registration, the following documents should be submitted to the relevant authorities: Application for Trademark Registration, power of attorney, five copies of the reproductions of the trademark (if color is claimed, five copies of the color reproductions of the trademark), one copy of the black and white design thereof, and identification documents. The reproductions of the trademark must be clear and easy to be pasted up and should be printed on smooth and clear durable paper or substituted by photographs, the length and width of which should be less than 10 cm but more than 5 cm each. 

China Trademark Registration - Procedures

(1)China Trademark Design

(2) China Trademark Search

(3) China Trademark Application

(4) Acceptance of China Trademark Application

(5) China Trademark Examination

(6) China Trademark Publication

(7)China Trademark Registration

China Trademark Registration - Different Forms of Trademark

When a foreigner or foreign enterprise applies for trademark registration, the Chinese language should be used (any document in a foreign language should be accompanied by a Chinese translation).

Nationals of the States Parties to the Paris Convention, who after filing an application for registration of a trademark in any other State Party, file another application for registration of the same trademark for the same product in China, may claim priority within six months after the first filing and submit priority documents. The date of the first application for registration of the trademark filed in another State Party to the Paris Convention shall be regarded as the application date in China.

When trademark registration is applied for a three-dimensional mark, the applicant should state the same in the application and submit reproductions enabling determination of the three-dimensional shape.

While trademark registration is applied for a color combination, the applicant should state the same in the application and submit a text description.

While applying for registration of a collective mark or certification mark, the applicant should state the same in the application and submit a certificate of qualification as subject and the rules for administration of the use of the mark.

Applications for trademark registration will undergo examination as to form and examination as to substance by the Trademark Office in accordance with the Trademark Law. Where an application has passed the examination both in form and in substance, preliminary approval will be granted and the trademark will be published.

Any person may, within three months from the date of publication of the trademark, file an opposition against the trademark that has been granted preliminary approval. The Trademark Office will send the Application for Trademark Opposition to the opposed party for a response to be made within 30 days as from the receipt of notification. The Trademark Office will then make an adjudication based on the facts and grounds presented by both parties.

When no opposition has been filed against a trademark or the opposition is not justified, approval will be granted for the trademark to be registered. A certificate of registration will be issued and the trademark will be published. When the opposition is justified, registration will be refused.

If the registration of an opposed trademark has been published before the ruling on the opposition becomes effective, the original publication will be revoked and the trademark whose registration is approved in the adjudication on the opposition will be published anew.

China Trademark Registration - Validity Period and Renewal:

The period of validity of a registered trademark is 10 years, counted from the date of approval of the registration. For renewal, the period of validity of each renewal is 10 years, counted from the day immediately following the expiration of the preceding validity period. 

When the registrant intends to continue to use the registered trademark beyond the expiration of the validity period, an application for renewal should be made within six months before the said expiration. If no application is filed within this period, a grace period of six months may be granted. If no application is filed at the expiration of the grace period, the registered trademark will be cancelled. 

To apply for renewal of a trademark registration, an application for renewal of trademark registration should be filed with the Trademark Office. Upon approval granted by the Trademark Office, a certificate to that effect will be issued to the registrant and the renewal will be announced. 

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