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.
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