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.
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 in
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 ($)
Application for registration
(a) in one class
(b) in each additional class for the same mark simultaneously
each additional goods/service in excess of 10 items in an application
Application for Registration of Collective Trademark(as per mark, per class)
Application for Certification Trademark(as per mark, per class)
Issuance of Registration Certificate in each class
Application for Renewal
Late Filling of Renewal Documents
Claiming one Convention Priority
Late Filing of Priority Document
Withdrawal of Pending Application
Application for Review on Refusal
Application for an Opposition
Application for Cancellation of Improper Registration
Application for Review on Decision of Opposition/Decision of Cancellation
Application for Adjudication on a Dispute
Request for an Extension of Time
Application for Removal of a Registration
Application for Cancellation on Non-use
Application for Assignment of Registration
Application for Recordal of a License Contract
Application for Cancellation of Recording a License Contract
Application for Modification of Name/Address of Registrant
Application for Re-issuance of Registration Certificate
Obtaining Certified Copy of Registration
Application for Madrid Registration
Application for Identifying Well-known Trademark
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
Remarks: ***Official fees are based on the actual charges made by competent authority.