Application for Trademark registration
date: 2019-08-30 view:259

1. Types   of marks

In accordance with the Chinese Trademark Law, the trademarks can be   divided into trademark for goods, service mark, collective mark and   certification mark.

Collective mark indicates the sign which is registered in the name of an   entity, an association or other organization which is used by the members   thereof in their commercial activities to indicate their membership of the   organization.

Certification mark indicates the sign which is controlled by an   organization capable of supervising the goods or services and used by the   entities or individuals outside the organization for their goods or services   to certify the origin, material, method of manufacture, quality or other   characteristics of the goods or services.

2. The qualification of the applicant

An application for registration of a trademark may be filed by any   natural person, legal entity or other organization intending to acquire the   exclusive right to use a trademark for the goods manufactured, processed,   selected or sold by it or him.

Two or more natural persons, legal entities or other organizations may   jointly file an application for registration for the same trademark with the   Trademark Office, and jointly enjoy the exclusive right to use the trademark.

3. Definition of registrable marks

A registrable mark is any visually perceptible sign capable of   distinguishing the source of a goods or service, including words, devices,   letters, numerals, three-dimensional sign, and combination of colors as well   as the combination of such signs.

Registered trademarks shall be distinct, and shall not conflict with any   prior right acquired by another person.

4. Definition of unregistrable marks

The following signs shall not be registered as trademarks:

1. Those which consist exclusively of generic name, design or model of   the goods in respect of which the trademark is used;

2. Those which consist exclusively of direct indications of the quality,   primary raw materials, functions, use, weight, quantity or other   characteristics of the goods in respect of which the trademark is used; or

3. Those which lack of any distinctive character.

Signs mentioned in the preceding paragraphs may be registered as   trademarks if they have acquired distinctive character through use and are   capable of being easily identified and distinguished.

If a three-dimensional sign consists exclusively of the shape which   results from the nature of the goods themselves, the shape of the goods,   which is necessary to obtain a technical result, or the shape which gives   substantial value to the goods, it shall not be registered as a trademark.

5. Signs which are prohibited to be used as trademarks

The following signs shall not be used as trademarks:

1. Those identical with or similar to the State name, national flag,   national emblem, military flag, or decorations of the People's Republic of   China, with names of the places where the Central and State organs are   located, or with the names and designs of landmark buildings;

2. Those identical with or similar to the State names, national flags,   national emblems or military flags of foreign countries, except that the   foreign government agrees otherwise on the use;

3. Those identical with or similar to the names, flags or emblems or   names of intergovernmental organizations, except that the organizations agree   otherwise on the use or that it is not easy for the use to mislead the   public;

4. Those identical with or similar to official signs and hallmarks,   showing official control or warranty by them, except that the use thereof 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; and

8. Those detrimental to social morals or customs, or having other   unhealthy influences.

The geographical names as the administration at or higher than the   county level and the foreign geographical names well known to the public   shall not be used as trademarks, but such geographical name, having otherwise   meanings or is a part of collective mark/or a certification mark shall not be   included. Where a trademark using any of the above-mentioned geographical   names has been approved and registered, it shall continue to be valid.

6. Classification

China adopts the International Classification of Goods and   Services formulated pursuant to the Nice Convention on November 1, 1988. And the newly   revised Nice International Classification came into force in P. R. China on January 1, 2002. According   to this revision, the original 42 classes have been extended to 45 classes,   and the main changes focus on the services in the former class 42.

7. Duration and renewal

The period of validity of a registered trademark shall be ten years,   counted from the date of approval of the registration.

A registration can be renewed indefinitely, each time for ten years.

8. Filing requirements

1. Instruction letter, indicating:

1.1 Applicant's name/title & address; (and their Chinese translation   if available);

1.2 Designated goods/service(s) (and the int'l class(es) it/ they   belong(s) to is preferred);

1.3 The first filing number, filing date and country/region, if the   priority right is claimed. The original copy of the priority documents should   be submitted within three months from the filing date inChina.

2. A duly signed Power of Attorney; no notarization or legalization is   required.

3. If color is claimed, 8 pieces of the mark specimen in color and one   copy in black & white, the size of each copy shall be between 5cm x 5cm   and 10cm x 10cm.


Prosecution of Chinese Trademarks quoted in USD ($)


Official Fees

Application for registration

 (a) in one class 

 $ 40.00

 (b) in each additional class for the same mark simultaneously

 $ 40.00

each additional goods/service in excess of 10 items in an application

 $ 4.00

Application for Registration of Collective Trademark(as per mark, per   class)

 $ 365.00

Application for Certification Trademark(as per mark, per class)

 $ 365.00

Issuance of Registration Certificate in each class


Application for Renewal

 $ 240.00

Late Filling of Renewal Documents

 $ 60.00

Claiming one Convention Priority


Late Filing of Priority Document


Withdrawal of Pending Application


Application for Review on Refusal

 $ 180.00

Application for an Opposition

 $ 125.00

Application for Cancellation of Improper Registration

 $ 180.00

Application for Review on Decision of Opposition/Decision of   Cancellation

 $ 180.00

Application for Adjudication on a Dispute

 $ 180.00

Request for an Extension of Time

 $ 60.00

Application for Removal of a Registration


Application for Cancellation on Non-use

 $ 125.00

Application for Assignment of Registration

 $ 125.00

Application for Recordal of a License Contract

 $ 36.00

Application for Cancellation of Recording a License Contract


Application for Modification of Name/Address of Registrant

 $ 60.00

Application for Re-issuance of Registration Certificate

 $ 125.00

Obtaining Certified Copy of Registration     

 $ 15.00

Application for Madrid   Registration


Application for Identifying Well-known Trademark

 $ 600.00

Dealing with Infringer

 (a) Negotiating with Infringement


 (b) Requesting the Administrative Authorities for Industry and   Commerce for Action


 (c) Instituting Proceedings with the People's Court






Registration of a Domain Name


Publication of Advertisement


Application for Customs Recordal for Trademark Right

 $ 100.00

Remarks: ***Official fees are based on the actual charges made by competent authority.

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