Trademark

Trademark registration in China adopts examination system, a trademark should pass the procedures of formality examination and substantive examination.

I. Formality Examination

  Upon formality examination, for application with complete documents and the documents are prepared in correct ways, the Trademark Office issues the Official Filing Receipt; otherwise, the Trademark Office issues the Not-accepting Notice.
  Where corrections are needed for the documents filed, the Trademark Office issues Notice of Correction, requesting the applicant to make the corrections within 15 days. Application will be deemed withdrawn if no response is made within said 15 days.

II. Substantive Examination

  A trademark registration application enters the substantive examination procedure after passing through the formality examination. Upon substantive examination, the Trademark Office will initially approve the application if it meets the requirements of the Trademark Law, and publish the application at the Trademark Gazette.
  The Trademark Office will reject the application if it does not meet the requirements, or partially reject the application if the application does not meet the requirements on partial goods.
  Anyone can file opposition request at the Chinese Trademark Office against the published trademark application within 3 months from the date of publication.
  Where there is no opposition filed in said three months, or opposition filed is not accepted after examination, the Chinese Trademark Office will register the trademark, issue the trademark registration certificate and publish the registration at the Trademark Gazette; where the opposition is accepted after examination, the application is rejected.

III. Review Request

  If an applicant is not satisfied with the rejection of the Trademark Office, the applicant can, within 15 days upon receipt of the rejection notice, file a review request at the Trademark Review and Adjudication Board (TRAB). TRAB will review the application, make a decision and notify the applicant in written.
IV. Filing a lawsuit
  Where an applicant is not satisfied with the decision of TRAB, the applicant can, within 30 days upon receipt of the decision, file a lawsuit at the People's Court against the decision.

Documents and information required for trademark registration
1. Name and address of the applicant in both English and Chinese;
2. Copy of personal identification card; copy of business license for company or legal entity qualification certificate of association or other type organization (foreign company or organization does not need this document);
3. 10 trademark reproductions in black and white for one trademark in one class; if color is to be protected, 10 colored and 2 in black and white trademark reproductions. The reproductions shall be clear, and sized between 5cm x 5cm and 10cm x 10cm;
4. one Power of Attorney signed by the applicant (company chop needed for Chinese entity applicant)
5. Special supporting materials
  1) where the trademark is a portrait: notarized letter of consent from the person of the portrait is required;
  2) where it is a collective trademark: business license of the applicant; The Administrative Regulations on Use of Collective Mark and name and address of the collective organization (if other than those of the applicant) are required;
  3) where it is a certification trademark: business license of the applicant; The Administrative Regulations on Use of Certification Mark and Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said goods/services are required.

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