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Intellectual Property Rights - Trademark Registration

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Q&A Regarding China Trademark Registration for Foreigners or Foreign Enterprises

Answer
The trademark registration refers to the trademark approved and registered by the Trademark Office of China National Intellectual Property Administration. The trademark registrant enjoys the exclusive right of trademark, which means that the brand name and mark are protected by law, and other enterprises can’t use same or similar mark for same or similar goods/services. What precautions should foreigners or foreign enterprises pay attention to when applying for trademark registration? This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q:
Can the Resident Representative Office of Foreign Enterprise in China apply for trademark registration?
A: The Resident Representative Office and offices in China shall not apply for trademark registration in their own names.

Q:
Can foreign enterprises apply for trademark registration in China?
A:
Yes. If the foreign enterprise which has no business address in China applies for trademark registration and handles other trademark related issues in China, it shall entrust a trademark agency established according to law to handle.

Q:
Can foreigners register their own trademarks in China? What is the necessary information?
A:
Foreigners who have habitual residence in China may apply for trademark registration on their own by submitting the following documents:
1.
Application for trademark registration;
2. Trademark pattern;
3. Copy of identity document;
4. A copy of the Permanent Residence Permit for Foreigners issued by the Public Security Department or the Residence Permit for more than one year.

Q:
Can the application documents for trademark registration be in a foreign language?
A:
Yes, but it should be accompanied by its Chinese translation.

Q:
Is it possible to modify the trademark pattern when correcting it?
A:
No. It is not allowed to change the trademark pattern.

Q:
What is the validity period of the registered trademark?
A:
10 years.
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