Filing Requirements for Trademark Registrations

1. Name, address and nationality of applicant(s)
2. Specification of goods/services
3. Indication of mark (8 sets, min. 5 by 5 cm, max. 10 by 10cm; if color is claimed, 2 more sets in black and white)
4. Executed Power of attorney (if the original copy is not available, the scanned copy is required for filing).
5. Incorporation certificate of the applicant.

6. Certified Priority document (if applicable), which can be submitted within three months after the Chinese filing date

Basic Introduction about Trademark

Categories of Trademark:

A Trademark is a sign used on goods and service marks.

Collective Trademark:

Signs which are registered in the name of associations, groups or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.

Certification Trademark:

Signs which are controlled by organizations capable of supervising certain goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.

Duration:

Assuming the publication is no opposition raised against its registration, or the opposition is rejected, the trademark should have a term for ten years from its registration date. The term is extendable within six months before the expiring date. A trademark term of ten years shall be provided per renewal.

Registrable Marks:

The Trademark shall be expressed in a visually perceptible representation which is capable of distinguishing the goods or services, including a word, design, color, symbol, letters of an alphabet, numerals, three-dimensional shape or a combination thereof. 
A trademark as defined above shall be distinguishable, and shall not conflict with any prior right acquired by third party.

Well-Known Trademarks:

A Trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of well-known trademark of another person not registered in China and is likely to cause confusion, it shall be rejected and prohibited from using.
 
A Trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of well-known trademark of another person already registered in China and is likely to mislead the public and prejudice the interests of the well-known mark registrant, it shall be rejected and prohibited from using.

Classification:

China adopts the International Classification of Goods and Services formulated pursuant to the Nice Convention on January 1,2012.

Priority:

A priority of the trademark can be claimed within six months from the date of filing. The applicant shall submit the priority documents within three months from the date of filing in China. A trademark of goods is first used in an international exhibition sponsored or recognized by Chinese Government, the applicant may have the right of priority for six months from the date of exhibition.

Examination:

The formality examination may include the correctness of document and classification of trademark. Further, the substantive examination may include the registrability of the trademark and the possibility of conflict with prior rights.

Publication:

An opposition could be filed against the trademark within three months from the date of the publication. The trademark would be published weekly in the Trademark Gazette.

Use Requirement:

The use of the registered trademark has ceased for three consecutive years shall be revoked.

Revocation of Trademark

　Revocation is the procedure that the Trademark Office or the Trademark Review and Adjudication Board forcibly cancel a registered trademark in according with the relevant provisions. 
The registered trademark may be cancelled owing to the situations as below:

1) The later registered trademark is the subject of an application in respect of goods or services, which are identical or similar to the goods or services to an earlier registered trademark.
2) Improper registration of a registered trademark is violated the relevant provisions, or the registration of a trademark has been obtained by fraud or any other unfair means.

To initiate a Trademark application in China, the applicant should provide:

1. An instruction letter including the name, address and nationality of the applicant(s), Word/Device mark(s), Specification, International classification and details of designated goods/services, and Claim of Priority (if any).


 2. An applicant-signed Power of Attorney should be submitted while filing.

 3. The relevant views and stereoscopic drawings or photographs in 15 sets in black and white. If color application, 15 colored specimens and 2 in black and white. The size could not exceeding 10cm or being less than 5cm in length and breadth.
4. The applicant may claim priority within six months from the date of filing. The priority documents in related to filing date, number, and country shall be submitted within three months from the date of filing.
5. A copy of the incorporation certificate of the applicant if the applicant is a company; a copy of the passport of the applicant if the applicant is an individual.

Appeal:

Assuming the application is refused, it may be appealed to the Trademark and Adjudication Board. The applicant shall state comment within fifteen (15) days from the receiving date of the notification.
　
 Any third party is not content with the decision made by the Trademark Review and Adjudication Board, may submit a legal action in court within thirty (30) days from the receiving date of the notification.

Opposition of Trademark:

　Anyone may file an opposition against a preliminary approved trademark within three months from the date of publication. Any third party is not satisfied with the decision made by the Trademark Review and Adjudication Board, may institute a legal action in court within thirty (30) days from the receiving date of the notification.
Once the opposition is rejected, the registration shall be approved, and a certificate of trademark shall be issued. However, the opposition is established, the registration shall not be approved.

Recordation of Change of Name/Address:

For protecting the right of trademark, any changes shall be entered and recorded by the Trademark Office.
Requirements for the Recordal of change of name/address are:

1) Simply executed Power of Attorney.
2) Notarized copy of the change of name/address document.

3) Office Forms.

Assignment:

The assignment of a trademark must be registered and recorded in the Trademark Office. 　The required documents are as below:
　
1) Power of Attorney signed by the assignee.
　
2) Certified assignment document signed by both assignor and assignee.

3) Copies of the incorporation certificates/passport of assignor and assignee.

License:

A trademark owner may license a person to use its registered trademark on part or whole of the designated goods or services thereof. The trademark license contract shall be submitted to the Trademark Office for record.
　
License would be recorded on the presentation of the following documents:
　
1) Licensing Agreement signed by both parties, notarized.
　
2) Power of Attorney from both the Licenser and Licensee. 
　
3) Valid Chinese Registration or renewal certificate for endorsement.
4) Copies of the incorporation certificates/passport of Licenser and Licensee.

Renewal:

The term of granted trademark is extendable within 12 months before the expiring date. There is a six-month grace period after the expiring date.
The following documents is required:
　
1) Simply executed Power of Attorney from the registrant.
　
2) A copy of the Chinese Certificate of Registration or Renewal.
3) A Copy of the incorporation certificates/passport of the registrant.

Infringement of Trademark:

Where anyone has committed any of acts to infringe the exclusive right to use a registered trademark and has caused a dispute, the parties involved shall resolve the dispute through consultation. Once the consultation fails, the trademark owner or third party may institute legal proceedings to the People's Court or request the administrative authority for industry and commerce for actions. 
　
Where any party is not content with the decision of the administrative authority for industry and commerce, may institute legal proceedings to the People's Court within fifteen days from receiving date of notification.
　
Assuming there is no legal proceedings or performance of the decision upon expiration of the said period, the administrative authority for industry and commerce may request for compulsory execution thereof to the People's Court. Upon the requests, the administrative authority for industry and commerce handling a dispute may mediate on the amount of compensation. In case of the medication fails, the party may institute legal proceedings to the People's Court.

Cancellation/Invalidation:

Where a registered trademark was obtained by fraud or any other unfair means, the Trademark Office shall cancel registered trademark. Any organization or individual may request the Trademark Review and Adjudication Board to make adjudication to cancel said trademark.
　
The trademark owner or third party may request for an adjudication to cancel the registered trademark within five years from the date of registration.

FAQ

I. Information of Trademark

1. What is well-known Trademark?

The following factors shall be considered in recognizing a well-known trademark:
　
1) reputation of the trademark to the relevant public
　
2) duration of the trademark
　
3) duration, degree, and geographical scope of any publicity for the trademark
　
4) history of protection of the trademark as a well-known trademark
　
5) any other factors relevant to the reputation of the trademark. 

2. What kind of marks is unregistrable?

The following signs shall not be registered as trademarks:
　
1) Signs which consist exclusively of generic names, designs or models of the goods in respect of which the trademark is used.
　
2) Signs which consist exclusively of direct indications of the quality, primary raw materials, functions, use, weight, quantity or other characteristics of he goods in respect of which the trademark is used.
　
3) Signs which are devoid of any distinctive character.

3. What kind of marks is prohibitable?

The following signs shall not be used as trademarks:
　
1) Those identical with or similar to the national name, flag, national emblem, military flag, or decorations, of the People's Republic of China, or identical with the names of the places or the names and designs of landmark buildings where the central government agencies located.
　
2) Those identical with or similar to the national names, national flags, national emblems or military flags of foreign countries, unless the foreign government agrees on the use.
　
3) Those identical with or similar to the names, flags or emblems of international intergovernmental organizations, unless that the organizations agree on the use or the public is not likely to be misled by such use.
4) Those identical with or similar to official signs or hallmarks showing official control or warranty, unless the use is otherwise authorized.
　
5) Those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent.
　
6) Those having the nature of discrimination against any nationality.
　
7) Those having the nature of exaggeration and fraud in advertising goods.
　
8) Those detrimental to socialist morals or customs, or having other unhealthy influences.
　
9) 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 the geographical name is used as a component part of a collective mark or a certification mark. Registered trademarks consisting of or containing geographical names shall continue to be valid.

II. Filing for a Trademark Application

4. How long does it take to exam a trademark application?

Generally speaking, it takes about 12~14 months from the date of application for examiner to exam an application. However, considering the complexity of examination process as well as of individual case, the length of examining an application may varies. For some cases, it might takes longer than expect.

5. If two identified marks are filed at the same time, which one could be registered?

　When two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.

6. What is the qualification of an applicant?

The applicant of trademark can be any natural person, legal person or other organization, which intending to acquire the exclusive right t use a trademark for goods produced, manufactured, processed, selected or marketed by the applicant.

7. Is that possible to file an amendment for application?

Amendment is only possible when required by the Trademark Office. At the stage of substantive examination, amendment may lead to the deletion of part of the mark or of the specification. Failure to make an amendment required by the Trademark Office may lead to the refusal of the application.

8. Could a foreigner file an application himself?

Any foreign person intends to apply for the registration of a trademark or for any other matters concerning a trademark in China shall appoint any of such organizations as designated by the State to act as his agent.

III. Cancellation of Trademark

9. What situation will the registered trademark be cancelled?

1) The owner of a trademark or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to cancel the registered trademark in the following cases:
　
2) the registered trademark constitutes a reproduction, an imitation, or a translation, of a well-known trademark of another person not registered in China in respect of identical or similar goods and is likely to create confusion.
　
3) The registered trademark constitutes a reproduction, an imitation, or a translation, of a well-known trademark of another person already registered in China in respect of non-identical or dissimilar goods and is likely to mislead the public and damage the interests of the owner of the registered well-known trademark.
　
4) The registered trademark has been obtained by the agent or representative of the original trademark owner without authorization.
　
5) The registered trademark consists of or contains a geographical indication in respect of goods not originating in the region indicated, to such an extent as to mislead the public, unless such registrations were made in good faith.
　
6) The registered trademark conflicts with prior right of another person.
　
7) The registered trademark is identical with a trademark which has been used by another person and enjoys certain reputation, and the registration was obtained by unfair means.

IV. Infringement of Trademark

10. What is infringement behavior?

Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:
　
1) To use a trademark that is identical with or similar to a registered trademark in respect of the identical or similar goods without the authorization from the trademark registrant.
　
2) To sell goods that he knows bear a counterfeited registered trademark.
　
3) To counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization.
　
4) To replace, without the consent of the trademark registrant, its or his registered trademark and market again the goods bearing the replaced trademark.
　
5) To cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.

11. What is the Scope of Protection?

A registered mark is protected in respect of the goods/services registered, unless it is recognized as well-known trademark. In particular, any of the following acts shall be an infringement upon a registered mark:
　
1) to use a trademark that is identical or similar to a registered trademark in related to identical or similar goods without the authorization of the owner of the registered trademark.
　
2) To sell goods using a trademark that is identical or similar to a registered trademark in related to identical or similar goods without the authorization of the owner of the registered trademark.
　
3) To counterfeit or make, without authorization, representations of a registered trademark of another person, or sell such representations.
　
4) To change a registered trademark and put goods bearing the changed trademark on market without authorization of the owner of the registered trademark.
　
5) To cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.