Registration of Chinese Trade Mark

Natural persons, legal persons or other organizations, during their productions, manufacturing, processing, picking or distribution of goods or services who request for trademark rights from the Trademark Office should apply for trademark registration.

Trademark applications not only refers to goods and services trademark registration, international trademark registration, trademark registration certificate, the collective trademark registration application, a special mark registration application; it also includes change(s) in trademark, renewal of trademarks, trademark applications for registration of transfer, objections for application, trademark license contract, and other trademarks registration etc.

1. Query prior to application for trademark registration : -

  • (A) Query prior to the application for trademark registration usually refers to those enquiries that should be made befor trademark registration application. The applicant msut understand and make it clear that the existence of its application for trademark has any potential online conflict which may constitute under its trademark rights.  The trademark information can be retrieved free of charge or paid.
  • (B) Special Note:   For paid enquiry service provided , only the existence of previous trademark status can be queried , the constitution and earlier rights that conflict requires or depends on the applicant itself to judge .  Whether the application for registration of trademark is significant and is contrary to the "Commercial Standard Method," the 9th, 10th, 11th, 12th and so dismissed the subject matter that the terms disabled , it also requires the applicant to judge themselves.
  • (C) Trademark Registration query is a voluntary, paid , reference, but it does not have the force in law , and it cannot be registered as the legal basis of trademarks.

2. How to apply for Trademark or Service Mark : -

  • (1) Registration of marks under the international classification for goods and services has a total of 45 categories , 34 categories of which are goods , services has 11 categories.    Specific use of trademark on goods are the trademark on goods, while specific on use of trademark on service are as a service mark.
  • (2)  Currently, for a trademark registration, the application up to approval takes about 2 years for completion.
  • (3)  The goods or services shall be in accordance with the "Classification of Goods and Services " to fill the name , an application can only fill for an individual categoriy of goods or services.   For the product name or service which has not been included in the classification table, it needs to provide the statements of the goods or services items.
  • (4)  After submitting the application, it cannot be altered.  If you make a mistake, you have to submit "Correction Trademark Application / Registration Book" and to pay costs. Applicant, goods or services, and the logos cannot be changed.

3. Application for Trademark or Service Mark Registration Date : -

Upon Trademark Registration Application is submitted , the form will be reviewed by the Trademark Office , it usually takes about three months and to issue a "Nnotice of Acceptance."   "Acceptance Notice" indicates merely the fact that the trademark registration application has been accepted and the Trademark Office has no indication that the application has been approved.  Should the Trademark Registration Application was rejected or any objection raised , upon the day the notice is received, the applicant should within 15 days, apply for a review to the Trademark Office .

4. Note:

  • (A)     Though the application is made, the trademark has not been approved and it is still un-registered trademarks, it is still used by un-registered trademarks. If someone uses the trademark infringement for the trademark rights, without prejudice to the Industrial and Commercial Administrative organs to punish the siad action.
  • (B)     A registered trademark is valid for 10 years from the date of approval .  Registered trademarks on expiration continues to use.  The registered person shall, within six months, before the expiration of the application for renewal of registration, registrate should be made during this renewal application,  this period can be a further six months after the expiration of the grace period as proposed, subject to the payment of a renewal fee registration. Any delay, after the expiration of the grace period, has yet to submit an application for renewal, the trademark will be cancelled.  If the people want to continue to have the original registration of the trademark for an exclusive right, it has to re-apply for registration.  Each renewal of registration is valid for 10 years.
  • (C)     A combination of text + icons trademarks, while in the query or audit, it should be independent , if during the enquery, in which one section cannot be passed, the entire trademarks cannot be passed ; for review, if one section of which cannot be passed, the entire whole mark cannot be passed.
  • (D)     Domestic natural person cannot apply for a trademark , if you want to register a trademark of someone an individual natural person, it must hold a business license like documents , and the person in charge of it, the license and trademark registration applicant must be the same person, the scope of its trademark registration must be in its individual business license and within the scope of its operation.
  • (E)     If the trademark owner is a corporation , and the company, within the said validity period , apply for dissolution , the registered trademarks will  lapsed as well;  Such  body businesses can apply for cancellation of the trademark if the owners are self-employed person who in charged.
  • (F)     Use of a registered trademark can be a goods, packaging , manuals, or other attachments that marked with "Registered Trademark" or who registered the mark. Use of a registered mark shall be marked in the upper right or lower right corner of the trademark.

5) Trademark holders ' rights and obligations

  • (A) A Registered Trademark holders can enjoy the trademark rights as protected by law . Trademark rights include:   the right to use the exclusively rights, licensing rights, the right to prohibit the establishment of mortgage, investment rights, transfer rights , inheritance rights.
  • (B) Trademark registrant is responsble for the quality fo goods or services should it uses a registered trademark.  When allowing the others to use its owns registered trademark, it shall supervise the quality of the licensee while using its registered trademark or service .
  • (C) Trademark registration should act strictly in accordance with the trademark law and its relevant provisions, use the registered trademark properly.