The Trademark Law clearly stipulates that registered trademarks approved by the Trademark Office include trademarks of goods and services, collective trademarks and certification trademarks. Trademark registrants owns the exclusive right of trademarks which is protected by law.
In China, trademarks can be words, graphics, letters, 3D marks, colour combinations, sounds, or combinations of the above elements, but the smell cannot be registered as trademark in China.
China is a member of the Nice Agreement. The China Trademark Office has adopted the system of the “International Classification of Goods and Services for the Purpose of the Registration of Marks” (Nice Classification), dividing the goods/services of the Nice Classification into similar groups, and adding the names of goods/services that commonly used in China, formulate the “Table for Differentiating Similar Goods and Services” (“Differentiation Table”). Applicants should declare the trademarks in accordance with the Differentiation Table implemented at the time of submission of the application. They can declare the names of the goods/services both listed and not listed in the Differentiation Table.
(1) Registration form
(a)
Applicant’s name, address and nationality/ Company’s name, registered address and country;
(b)
Applicant’s contact information (the applicant outside Mainland China shall designate a Mainland receiver to be responsible for receiving the legal documents of the Trademark Office);
(c)
Specification of the trademark (Trademark with colour combinations shall indicate the way of use; Trademark contained foreign languages shall explain its meaning);
(d)
Classification and items of goods/services.
(2) Representation of the trademark
(a)
Trademark representation in black-and-white shall be provided;
(b)
If colour is to be claimed, a trademark representation in colour and in black-and-white shall be both provided;
(c)
The representation shall be clear and sized between 5 cm × 5 cm and 10 cm × 10 cm (Electronic file is recommended, like JPG format).
(3) Power of attorney
Each trademark registration application requires a power of attorney. The applicant may use the form provided by the trademark agency, on which only signature (for natural person) or signature and seal of representative (for company) is required. Notarization or legalisation is not required.
(4) Applicant’s identification documents
(a)
If the applicant is a company, a copy of the certificate of incorporation or business license shall be provided and shall be signed and sealed by representative;
(b)
If the applicant is a natural person, a copy of identity card or passport shall be provided, and shall be signed by the applicant;
(c)
The identification documents of foreign applicant shall include the Chinese translation version and stamped with the official seal of the trademark agency;
(d)
The identification documents of applicant in Hong Kong/Macao/Taiwan shall include sealed Chinese translation version if the original document is in English.
(5) Priority documents (when priority is claimed)
(a)
Where priority is claimed, documents regarding the priority country, application date and application number shall be provided;
(b)
Where priority is claimed, the application for a trademark shall not exceed the scope of the trademark representation, the designation of goods/services and the international classification in the priority documents;
(c)
The priority documents may be submitted within 3 months from the date of submission of the application.
5. Trademark Registration Procedures
|
Trademark Pre-filling Search (<15 days) |
→ |
Filling Application |
→ |
Examination (9-12 months) |
→ |
Publication (3 months) |
→ |
Registration |
(1) According to Article 10 of Trademark Law, the following signs shall not be used as trademarks:
(a)
those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military anthem, or decorations of the People's Republic of China, etc., and those identical with the name or symbol of a central government department of the State, or with the name of the particular place, or with the name or image of the symbolic building, where a central government department of the State is located;
(b)
those identical with or similar to the State name, national flag, national emblem or military flag of a foreign country, etc., unless consent has been given by the government of the country;
(c)
those identical with or similar to the name, flag or emblem of an international intergovernmental organization, etc., unless consent has been given by the organization or the public is not likely to be misled by such use;
(d)
those identical with or similar to an official sign or hallmark indicating control and warranty, unless authorization has been given;
(e)
those identical with or similar to the name or symbol of the Red Cross or the Red Crescent;
(f)
those having the nature of discrimination against any nationality;
(g)
those having the nature of fraud, being liable to mislead the public about the characteristics of the goods such as the quality or the place of origin; or
(h)
those detrimental to socialist morality or customs or having other unhealthy influences.
The geographical name of an administrative division at or above the county level or a foreign geographical name well-known to the public shall not be used as a trademark, unless the geographical name has another meaning or is used as a component part of a collective mark or a certification mark; Trademarks consisting of or containing geographical names which already been registered shall remain valid.
(2) According to Article 11 of Trademark Law, the following signs shall not be registered as trademarks:
(a)
Signs which consist exclusively of the generic names, designs, or model numbers of the goods in respect of which the trademark is used;
(b)
Signs which consist exclusively of direct indications of the quality, primary raw material, functions, intended purposes, weight, quantity or other characteristics of goods; or
(c)
Other signs which are devoid of any distinctive character.
Signs mentioned above may be registered as trademarks if they have acquired distinctive character through use and are capable of being readily identified and distinguished.
The registered trademark is valid for 10 years from the date of the registration. If the registrant would like to extend the protection period, a request for renewal shall be made within 12 months before the expiry date. Each renewal of the registered trademark shall be valid for 10 years.
(1)
If a trademark registrant, in the course of using a registered trademark, changes the registered trademark, name, address or other registered matters on its own and fails to make corrections within a time limit, its registered trademark may be cancelled by the Trademark Office;
(2)
If the registered trademark becomes the general name of the product approved for use, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark;
(3)
If the trademark is not used in three consecutive years without any reasonable ground, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark.
(1)
The component of the registered trademark may not be changed at will without authorization. If the registered trademark has a specified colour, the trademark shall be used in accordance with such colour, and the colour shall not be changed at will. If registrant changes its subject name or address, it shall submit a trademark change application in a timely manner.
(2)
The right to exclusive use of a registered trademark shall be limited only to the goods/services specified on the trademark certificate. The use of a registered trademark in any other goods/services of the company that are not specified on the trademark certificate shall not be protected by the trademark law and shall not enjoy the right to exclusive use of the trademark.
(3)
The exclusive right of a registered trademark is territorial. The registered trademark only enjoys the exclusive right in the country where it is registered. If it is necessary to use the registered trademark in another country, it shall file a separate application for trademark registration in that country.
SERVICESLanguage
close
