Basic Introduction about Trademark

Trademark Law

Enforced on March 1, 1983
Amended & Promulgated on February 22, 1993
Enforced on July 1, 1993
Amended & Promulgated on October 27, 2001
Enforced on December 1, 2001
The Implementing Regulations were enforced on September 15,2002

Categories of Trademark

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 pub1ic 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 November 1,1988.

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.
Filing Requirement
1. Application form
2. An applicant-signed Power of Attorney
3. Specimens
4. Priority document, if any

Schedule of Fees for Trademark/Service-mark in P.R.China