Legislation
The Trademark Law is enacted to improve the administration of trademarks, protect the exclusive right to use a trademark, and encourage producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and promoting the development of the socialist market economy.
Trademark Law
August 23, 1982: Adopted by the Standing Committee of the National People's Congress (“the NPC Standing Committee”);
February 22, 1993: Amended for the first time by the NPC Standing Committee;
October 27, 2001: Amended for the second time by the NPC Standing Committee;
August 30, 2013: Amended for the third time by the NPC Standing Committee;
April 23, 2019: Amended for the fourth time by the NPC Standing Committee.
Implementing Regulations of the Trademark Law
August 3, 2002: Promulgated by the State Council;
April 29, 2014: Amended by the State Council.
Conventions
China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994, the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995 and the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001.
Trademark Administration
The Trademark Office of the China National Intellectual Property Administration (the CNIPA) is responsible for the registration and administration of trademarks in China, as well as the settlement of disputes relating to trademarks.
The CNIPA is responsible for conducting the operational guidance and policing of trademark enforcement, including formulating and guiding standards of trademark infringement and enforcement.
State Administration for Market Regulation is responsible for the organization and overall guidance of trademark enforcement.
Types of Trademarks
There are four types of registered trademarks in China: trademarks for goods, service marks, collective marks and certification marks.
A trademark for goods means a distinctive sign used on goods to distinguish the origin of the goods produced, manufactured, processed, selected or marketed.
A service mark means a distinctive sign used for services to distinguish the provider of the services.
A collective mark means a distinctive sign registered in the name of a group, association or other organization for the members thereof to use in their commercial activities as indications of their membership in the organization.
A certification mark means a distinctive sign controlled by an organization capable of supervising certain goods or services, and used by entities or individuals outside the organizations for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
Provisions in the following text concerning trademarks for goods will also apply to service marks.
Registered Trademark & Exclusive Right
A registered trademark can be obtained after being approved and registered by the Trademark Office through the registration application procedures.
The right holder and the registrant of the registered mark have the exclusive right to use the registered trademark for the approved goods/services, which is protected by law.
The exclusive right to use a registered trademark shall be valid for a term of ten years starting from the date of registration, and can be renewed for another ten years before the expiry of the term.
A non-registered mark can still be used in business activities of an entity or individual if the use is in compliance with the relevant regulations, but the owner of such mark has no exclusive right to use the mark.
Who may Apply
Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, may apply for the registration of the trademark with the Trademark Office.
Any natural person, legal person or other organization, intending to acquire the exclusive right to use a service mark for the services provided by it or him, may apply for the registration of the service mark with the Trademark Office.
Any group, association or other organization, intending to acquire the exclusive right for the members thereof to use a collective mark in their commercial activities as indications of their membership in the organization, may apply for the registration of a collective mark with the Trademark Office.
Any organization, capable of supervising certain goods or services, intending to acquire the exclusive right and control a certification mark for use by entities or individuals 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, may apply for the registration of a certification mark with the Trademark Office.
Two or more natural persons, legal persons or other organizations may jointly apply for registration of a trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the registered trademark.
Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China may file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.
First-to-file Rule
China generally adopts the first-to-file rule. For two or more applicants apply for registering identical or similar trademarks for the same or similar goods, the Trademark Office preliminarily approves and publishes the trademark filed first.
If two or more applicants apply for registering identical or similar marks for the same or similar goods on the same day, the proof of first use is weighed by the Trademark Office in approving registration and the trademark which is used first will be preliminarily approved and published.
If both marks were not used or were used on the same day, registration will be granted upon a settlement made by the parties, or through drawing lots in case no agreement is reached.
What is Registerable
Distinctiveness
Any sign, capable of distinguishing the goods or services of one natural person, legal person or any other organization from those of others, including words, devices, letters, numerals, three-dimensional signs, combination of colours, and sounds as well as combination thereof, may be registerable.
No legal conflict
A trademark that is so distinctive as to be distinguishable and does not conflict with any prior legitimate right acquired by another person is registerable.
Not confusingly similar
A trademark that is in compliance with the relevant regulations and that is not identical with or similar to an existing preliminarily approved or registered trademark of another person in respect of the same or similar goods is registerable.
No bad faith
An application for registering a trademark should not be filed in bad faith and without the genuine intention to use the trademark.
Not contrary to public policy
A mark should not be offensive or likely to deceive the public.
Geographical Indication
A geographical indication, a sign indicating goods as originating in certain region where a given quality, reputation or other characteristic of the goods is essentially attributable to the natural or human factors of the region, can be registered as a collective mark or a certification mark.
What is not Registerable
Generic or common
The following signs are not registerable as trademarks:
(1) signs consisting only of the generic names, devices or model numbers of the goods in respect of which the trademarks are used;
(2) signs having direct reference to the quality, primary raw materials, function, usage, weight, quantity or other characteristics of the goods in respect to which the trademarks are used; or
(3) other signs devoid of any distinctive character.
Where the above-mentioned signs have acquired distinctive character through use and are capable of being readily identified and distinguished, they are registerable.
A three-dimensional sign that consists only of a shape resulted from the nature of the goods themselves, required for obtaining a technical effect, or giving substantial value to the goods, is not registerable.
Bad faith
If a trademark is applied for registration in bad faith and not intended for use, it is not registerable.
Not complying with regulations
A trademark that is not in compliance with the relevant regulations is not registerable.
Confusingly similar
A trademark that is identical with or similar to an existing preliminarily approved or registered trademark of another person in respect of the same or similar goods is not registerable.
Conflict with prior rights
A trademark that conflicts with any prior legitimate right acquired by another person is not registerable.
Infringing existing prior rights
If an application for registration of a trademark infringes the existing prior right of others, the trademark is not registerable.
Preemptive registration via unfair means
Where a trademark has been already used by others and has certain fame and if the trademark is applied for registration via unfair means for preemptive registration, it is not registerable.
Conflict with well-known marks
A trademark, used for identical or similar goods, that is a reproduction, an imitation, or a translation of another person's well-known mark not registered in China and likely to cause confusion, is not registerable.
A trademark, used for non-identical or dissimilar goods, that is a reproduction, an imitation, or a translation of a well-known trademark of another person that has been already registered in China, misleading the public and likely to cause prejudice to the interests of the well-known mark registrant, is not registerable.
Conflict with geographical indication
Where a trademark contains a geographical indication of goods in respect of which the trademark is used, the goods does not originate in the region indicated, and it misleads the public, the trademark is not registerable. However, any trademark that has been registered in good faith shall continue to be valid.
Infringement by related parties
Where any agent or representative, without authorization from a right holder it or he represents, applies for registering, in its or his own name, a trademark of the right holder, and the right holder raises an opposition, the trademark is not registerable.
Where a trademark for which an application for registration is filed is identical or similar to a right holder’s prior used trademark that is not registered, in respect of the same or similar goods, and where the applicant has a contractual, business or other relationship except the relationship referred to in the preceding paragraph with the right holder and is fully aware of the existence of the trademark owned by the right holder, if the right holder raises an opposition, the trademark is not registerable.
What shall not be Used as a Trademark
Prohibited signs
The use of the following signs as trademarks is prohibited:
(1) signs identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military anthem, or decorations of the People's Republic of China; and signs identical with the names or symbols of central government departments of the State, or with the names of the particular places, or with the names or image of the symbolic buildings, where central government departments of the State are located;
(2) signs identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that the foreign governments have approved such use;
(3) signs identical with or similar to the names, flags, or emblems, of international intergovernmental organizations, except that the organizations have approved such use or the public is not likely to be misled by such use;
(4) signs identical with or similar to the official signs or hallmarks indicating official control or warranty, except that such use is authorized;
(5) signs identical with or similar to the symbol or name of the Red Cross or the Red Crescent;
(6) signs having the nature of discrimination against any nationality;
(7) signs having the nature of fraud, being likely to mislead the public about the characteristics of the goods such as the quality or the place of origin; or
(8) signs detrimental to socialist morals or customs, or having other adverse effects.
The geographical names of the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, unless such geographical name has other meanings or is used as a component part of a collective mark or certification mark. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
Conflict with well-known marks
A trademark, used for identical or similar goods, that is a reproduction, an imitation, or a translation of a right holder's well-known mark not registered in China and likely to cause confusion, is prohibited from use.
A trademark, used for non-identical or dissimilar goods, that is a reproduction, an imitation, or a translation of a right holder’s well-known trademark that has been already registered in China, misleading the public and likely to cause prejudice to the interests of the well-known mark registrant, is prohibited from use.
Conflict with geographical indication
Where a trademark contains a geographical indication of goods in respect of which the trademark is used, the goods does not originate in the region indicated, and it misleads the public, the trademark is prohibited from use. However, any trademark that has been registered in good faith shall continue to be valid.
Infringement by related parties
Where any agent or representative, without authorization from a right holder it or he represents, applies for registering, in its or his own name, a trademark of the right holder, and the right holder raises an opposition, the trademark is prohibited from use.
What shall bear a Registered Trademark
Such goods as cigarettes, cigars, packaged tobacco, and electronic cigarettes shall bear a registered trademark. Before the trademark is approved for registration, such goods shall not be produced or sold.
Trademark Agency
Foreigners or foreign enterprises or other entities shall entrust trademark agencies recorded with the CNIPA to represent them for trademark applications, opposition, review and invalidation proceedings or other related matters before the Trademark Office of the CNIPA.
A trademark agency shall follow the principle of good faith, comply with the provisions of laws and administrative regulations and handle the applications for trademark registrations and other trademark matters according to the instructions of its clients. The agency shall bear the obligation to keep the clients’ trade secrets confidential.
A trademark agency shall not apply for the registration of any trademarks except its own service mark for its agency services.
Classification of Goods/Services
The Trademark Office adopts Nice Classification (International Classification of Goods according to Nice Agreement), in which goods are divided into 34 classes (classes 1 to 34) and services are divided into 11 classes (classes 35 to 45).
The Trademark Office, following Nice Classification system, has compiled the “Classification Table of Similar Goods and Services” for the needs of trademark search, registration, examination and administration.
In an application for registration of a trademark, the Classification Table of Similar Goods and Services should be used for the classes and names of the goods or services designated.
Priority
An applicant for registration of a trademark who, within six months from the date of application for registration of his trademark in a foreign country, applies for registration of the same trademark in China in respect of the same goods has a right of priority in accordance with any agreement concluded between China and the foreign country, or with the international treaty to which both countries are parties, or on the principle of mutual recognition of the right of priority.
To support the claim of such right of foreign priority, the applicant shall submit, within three months from the date of filing, a certified priority document of the foreign application.
Where a trademark is first used for goods exhibited at an international exhibition sponsored or recognized by the Chinese government, an applicant for registration of the trademark may enjoy the right of priority within six months from the date of exhibition of the goods.
To support the claim of the above right of priority for the exhibition, the applicant shall submit, within three months from the date of filing, evidence to prove the trademark was used on the goods exhibited in the exhibition on the exhibition date.
Filing Requirements for Registration of a Trademark
- Name, address and nationality of the applicant;
- Certificate documents of the applicant’s identity;
- Type of the trademark to be filed;
- Specification of the trademark:
If the mark is a combination of colors, it should be specifically indicated and a literal description should be submitted, describing the combination of colors, the locations of the color blocks or their graphic outline as well as the color name and the color number of each color block, and clearly stating the usage of the trademark.
If the trademark is a three-dimensional mark, it should be specially indicated and the usage of the trademark should be clearly stated.
If the trademark is a sound mark, it should be specially indicated, and the sound applied for as a trademark should be described in five-line or simple musical notation and a literal description should be attached; if it cannot be described in five-line or simple musical notation, it should be literally described; the description should be consistent with the sound sample (for example, if there are lyrics in the sound sample, the lyrics should also be stated in the description); a sound sample should also be provided, and the audio file of the sound sample should be less than 5MB and in wav or mp3 format; the audio file of the sound sample should be stored in a read-only CD; the usage of the trademark should also be clearly stated.
If the trademark is a collective mark, it shall be indicated and the collective trademark governing rules, collective member list, etc. should be submitted.
If the trademark is a certification mark, it shall be indicated and the certification trademark governing rules should be submitted, and detailed descriptions of the professional technicians, professional testing equipment, etc. that it has or that its entrusted institution has, to show that it is capable of supervising the quality of the specific goods certified by the certification trademark should also be clearly stated.
If the mark is in a foreign language or includes a foreign language, the meaning of the foreign language shall be stated.
If a natural person applies for registration of his own portrait as a trademark specimen, it should be indicated; if an applicant applies for registration of another person's portrait as a trademark specimen, it should be stated and the authorization letter of the portrait person should be provided.
- Trademark specimen:
The trademarkspecimen should be in jpg form, and the size of the trademark specimen should be less than "200KB" and the pixel of the graphics should be between "400×400” and “1500×1500". If the specimen is obtained through scanning, it should be scanned in 24-bit color with resolution of 300dpi in compliance with the related provisions, i.e. the sample should be clear, min. 5 by 5 cm, max. 10 by 10cm.
If the mark is a color combination or colored pattern, trademark specimens in colors should be submitted; trademark specimen in color should consist of color blocks indicating the color combination, or with a graphic outline indicating the locations of color blocks in which the graphic outline is not a component of the mark and must be represented by dotted lines, not solid lines.
If the mark is a three-dimensional sign, in the specimen the three-dimensional shape should be identifiable, and at least three views shall be included for clear visual representations of the three-dimensional shape;
- List of goods or services, including the specific classes (according to Classification Table of Similar Goods and Services) and designation of the goods or services;
- Executed Power of attorney;
- Certified priority document (if applicable), to be submitted within three months from the Chinese filing date.
Application for Trademark Registration
An applicant for the registration of a trademark shall provide information and documents listed in the above Filing Requirements.
One mark one application
When a registration application is filed for a mark, the application form with information about the applicant, type and specification of the mark, trademark specimen, list of goods or services and the priority claimed (if applicable), together with the certificate documents of the applicant’s identity, executed power of attorney and other necessary documents shall be submitted to the Trademark Office.
One application multiple classes
An application may be filed for goods or services in multiple classes.
Claiming priority
The applicant can claim the right of priority at the time of filing if applicable, and then submit the necessary supporting documents within three months from the date of filing.
New application for new goods/services
A new application for registration shall be filed, if the registrant intends to obtain the exclusive right to use the registered trademark on new goods or services that are not included in the approved goods/services.
New application for altered mark
A new application for registration shall be filed, if a registered trademark needs to be altered. For example the logo or word of the registered trademark is changed.
Good faith
When applying for the registration of a trademark, the applicant shall follow the principle of good faith.
Application documents, such as forms, specification, certifying documents and observations, submitted in the filing and prosecution of trademark applications shall be authentic, accurate and complete.
Examination of Trademark Applications
Date of filing/application
The date of filing or date of application shall be the date when the Trademark Office receives the application form and necessary documents.
Acceptance
If the application procedures are complete, and the application documents meet the relevant provisions, and official fees are paid, the Trademark Office shall accept the application and notify the applicant.
If the application documents need rectifications, the Trademark Office will notify the applicant and request them to make rectifications within 30 days upon receipt of the notice.
If rectifications are made within the required time period, the original date of application shall be retained.
If the applicant fails to make rectifications within the specified time period or the rectifications fail to comply with the requirements, the Trademark Office shall not accept the application and inform the applicant as such.
Examination
The examination on an application by the Trademark Office may need nine months from the date of application to complete.
In the examination, the Trademark Office may request the applicant to make explanation or clarification and/or amendments to the application documents.
The applicant shall make explanation or clarification and/or amendments within 15 days upon the receipt of the notice. If the applicant fails to make the explanation and/or amendments, the Trademark Office will make a decision by default.
Withdrawal
Before the Office approves the application for registering a trademark, the applicant may withdraw the application for registration. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal. But the official fees paid at the time of filing the application for registration will not be refunded.
Refusal
Where a trademark application is not in compliance with the relevant provisions, or if the trademark is identical with or similar to another party’s trademark that has been registered or preliminarily approved in respect of identical or similar goods, the Trademark Office will refuse the application and inform the applicant.
Preliminary Approval
Where the application for registration of the trademark is in compliance with the relevant provisions, the Office will preliminarily approve and publish the announcement.
Partial refusal
Where the registration application for using a trademark on part of designated goods does not conform to relevant provisions, the Trademark Office will refuse the trademark application for using the trademark on such part of designated goods, and inform the applicant.
Division application
Within 15 days upon receipt of a partial refusal notice, the applicant may apply to the Trademark Office for division, dividing the partial application preliminarily approved into a division application, and the division application will keep the filing date of the original application.
Upon receipt of the division application, the Trademark Office will assign a new application number to the division application corresponding to the part preliminarily approved and announce the preliminary approval.
Publication
After preliminary approval of an application, the mark preliminarily approved is published in the Trademark Gazette for opposition for three months.
If there is no opposition or the opposition fails, the registration of the mark as approved will be published again in the Trademark Gazette.
The Trademark Gazette, which is issued weekly, also publishes changes of names and addresses of the registrants, assignment and renewal of the registered marks, etc.
Relief
Where the applicant is dissatisfied with the refusal decision of the Trademark Office, the applicant can apply to the Trademark Office for a review within 15 days upon receipt of the decision.
Where, at the expiration of the specified period, the applicant does not file the review, the refusal decision comes into effect.
Opposition
Within three months from the date of publication of the preliminarily approved trademark application, anyone or relevant party may file an opposition with the Trademark Office against such preliminary approval if believing the preliminary approval is not in compliance with the relevant regulations.
Absolute grounds
Anyone, who believes that a preliminarily approved trademark application falls under any of the following circumstances, may file an opposition:
- The mark applied in bad faith and not intended for use (see Bad faith under What is not Registerable, Article 4);
- The sign that shall not be used as a trademark (see Prohibited signs under What shall not be used as a Trademark, Article 10);
- The sign that shall not be registered (see Generic and common under What is not Registerable, Article 11);
- The three-dimensional sign that shall not be registered (see Generic and common under What is not Registerable, Article 12); and
- other marks that shall not be registered by trademark agencies (see Trademark Agency, Article 19(4)).
Relative grounds
Where a prior right owner or any interested party believes that a preliminarily approved trademark application violates the following regulations, the owner or party may file an opposition:
- The mark conflicting with well-known marks shall not be registered (see Conflict with well-known marks under What is not Registerable, Article 13(2) & (3));
- The mark applied by related parties without the right holder’s authorization shall not be registered (see Infringement by related parties under What is not Registerable, Article 15);
- Geographical indications that mislead the public shall not be registered (see Conflict with geographical indication under What is not Registerable, Article 16 (1));
- The mark that does not comply with relevant rules and regulations or is identical or similar to trademarks that are previously registered or preliminarily approved shall not be registered (see Not complying with regulations and Confusingly similar under What is not Registerable, Article 30);
- The trademark that is not first-filed or is not first-used for applications with the same filing day (see First-to-file Rule, Article 31); and
- The mark infringing another party’s existing prior rights or filed via unfair means for preemptive registration shall not be registered (see Infringing existing prior rights and Preemptive registration via unfair means under What is not Registerable, Article 32).
Opposition documents
For filing an opposition against a preliminary approval, the information of the opponent and the opposed mark, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material and certificates of the opponent’s identity shall be submitted.
For relative grounds, the opponent shall submit certificates to prove that the opponent is a prior right holder or an interested party.
Acceptance
The Trademark Office will, after examination, accept the application if it meets the requirements and send to the applicant the acceptance notice.
The Trademark Office shall not accept the opposition application and will inform the opponent, if the opposition application or the rectified documents do not meet the requirements, or if the same opponent filed the opposition again for the same trademark application with the same grounds, facts and legal basis.
Serving opposition
The Trademark Office will send a copy of materials related to the trademark opposition to the applicant timely.
Responses
The applicant of the opposed trademark have 30 days after receipt of the copy of opposition materials to file a response (counter-statement), outlining their arguments against the opposition.
If the applicant of the opposed trademark does not file a response, the Trademark Office will make their decision by default.
Supplement
Where any of the parties concerned needs to supplement the relevant evidence after filing either the opposition application or counter-statement, the party shall state the supplement to be filed in the trademark opposition application or counter-statement, and then submit the evidence within three months after filing the opposition application or submitting the counter-statement.
If the party fails to do so within the specified time period, it shall be deemed that the party has abandoned supplementing the evidence.
Provided that the evidence is formed after the expiration of the specified time period or the failure to submit the evidence before the expiration of the specified time period is due to other justified reasons, where the evidence is submitted after the expiration of the specified time period, the Trademark Office will send the evidence to the other party concerned and may admit the evidence after the cross-examination of the parties.
Withdrawal
Before the Office makes the decision on the opposition application, the opponent may withdraw the opposition application. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal. But the official fees paid at the time of filing the opposition will not be refunded.
Decision
After investigation, verification and examination, the Trademark Office will make a decision on whether the registration shall be approved or not within about twelve months from the date of expiry of the three-month period from the publication, and will notify the opponent and the applicant of the opposed trademark.
If finding that the opposition is not justified, the Trademark Office will make a decision to approve the application for registration of a trademark.
If finding that the opposition is justified, the Trademark Office will make a decision to not approve the application for registration of a trademark (non-approval decision).
Relief
Where the opponent dissatisfies with the approval decision, it/he may request the Trademark Office to declare the registered trademark invalid.
Where the trademark applicant dissatisfies with the non-approval decision, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision.
Where, at the expiration of the specified period, the trademark applicant does not apply for the review of the non-approval decision, the non-approval decision comes into effect.
Approval and Publication
If no opposition is filed within three months from the date of publication of the preliminarily approved trademark application, or if the opposition is found not justified and a decision to approve the application for registration of a trademark is made, the Office will register the trademark, issue a certificate of registration, and publish the registration announcement.
If the Office holds that an opposition is not justified and approves the trademark application for registration, the applicant's exclusive right to use the registered trademark shall start from the date of expiry of the three-month period from the preliminary approval publication. Where, after the date of expiry of the three-month period from the publication, and before the decision to approve the registration is made, another party uses a trademark which is identical or similar to the trademark to be approved for registration in respect of the same or similar goods, the approval decision has no retroactive effect on such use by the other party. However, the damage caused to the trademark registrant by the other party who has used the trademark in bad faith shall be compensated.
If a registration announcement is published before the Trademark Office makes the decision to approve or not approve the registration of the opposed trademark, such announcement will be cancelled. Where the Office decides to approve the registration of the opposed trademark after finding that the opposition is not justified upon examination, the Office will announce the registration again after the decision to approve the registration comes into force.
Rectification
If an applicant for trademark registration or a registrant of a registered trademark finds an obvious error in the application or registration documents, it/he may apply for correction of the error with the Trademark Office.
The Trademark Office may make the correction ex officio, and notify the applicant/registrant concerned.
Correction of errors mentioned above does not involve substantive matters in the application or registration documents.
Where the correction application meets the correction conditions, the Trademark Office will approve such correction. Where the correction application does not meet the correction conditions, the Trademark Office will not approve it and shall notify the applicant.
Where a trademark is corrected after its preliminary approval or registration has been announced, the Office will publish a correction announcement.
Term of a Registered Trademark
The term of a registered trademark is ten years starting from the date of registration.
Renewal
Where a trademark registrant intends to continue to use the registered trademark after its expiry, he shall submit a renewal application to go through the formalities to renew the registration within twelve months before the expiration date.
Where no formalities are gone through within the 12-month period, the registrant may use a grace period of six months to go through the formalities of the renewal.
The term of ten years will be given for each renewal of registration, calculating from the day following the expiration date of the last term.
If no formalities are gone through at the expiry of the prescribed period, the registered trademark will be removed from the register.
The Trademark Office will, upon approving the renewal application, issue a corresponding certificate and publish an announcement.
Recording a Change
Where the name, address or other information pertaining to a trademark registrant of a registered trademark needs to be changed, the registrant shall file an application to record the alteration with the Trademark Office.
To change the name of a trademark registrant, the applicant shall also file an application to record such change, and submit certification documents pertaining to the change as issued by the relevant registration authority.
The Trademark Office will, upon approval of the application, issue a new certificate to the trademark registrant and publish an announcement.
If the Office does not approve the application, it will notify so to the applicant.
To change the name or address of a trademark registrant, the registrant shall apply for recording such change for all of its/his registered trademarks at the same time. If it/he fails to do so, the Trademark Office will request the registrant to make rectifications within the specific time limit. If the registrant fails to make the rectifications within the specific time limit, the Office will deem that the application for recording the change has been abandoned and will notify so to the applicant.
Assignment of Registered Trademark
Where a registered trademark is to be assigned, the assignor and the assignee shall sign an agreement of assignment and jointly file an application with the Trademark Office.
The Trademark Office will, after granting approval to the transfer of a registered trademark, issue a new certificate to the assignee and publish an announcement.
The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.
Where a registered trademark is to be assigned, the trademark registrant shall assign all of its similar trademarks together in respect of the same goods, or identical or similar trademarks in respect of similar goods.
Where an assignment is likely to cause confusion or may have other adverse impact, the Trademark Office will not approve the assignment and will notify so to the applicant.
The assignee shall have the exclusive right to use the trademark from the date of publication of the assignment.
Licensing of Registered Trademark
The registrant of a registered trademark may, by signing a trademark license contract, authorize another person to use the registered trademark.
Quality
The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark. The licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.
Indication of licensee
Where a licensee is authorized to use a registered trademark of a licensor, the name of the licensee and the geographic origin of the goods must be indicated on the goods that bear the registered trademark.
Recording
To grant a license to use a registered trademark, the licensor shall, within the term of the license contract, file an application with the Trademark Office to record such license with the relevant materials. The materials shall state the licensor of the registered trademark, the licensee, license term, the range of goods or services licensed to use and other relevant matters. Upon approval, the Trademark Office will publish an announcement.
Three types of licenses
(1) Exclusive license: the trademark registrant grants a licensee the exclusive right to use its registered trademark in the contracted period, regions, and ways, and accordingly the trademark registrant shall not use the registered trademark.
(2) Sole license: the trademark registrant grants a licensee the right to use its registered trademark in the contracted period, regions, and ways, and accordingly the trademark registrant also has the right to use the registered trademark, but the licensor shall not license the right to use it to another party.
(3) Non-exclusive license: the trademark registrant grants licensees the right to use its registered trademark in the contracted period, regions, and ways, and the licensor can still use the registered trademark and retains the right to grant multiple licenses.
Failure to record
A trademark license shall not be used against any bona fide third party, if the licensor fails to record the license with the Office.
Where the trademark registrant fails to record the license contract with the Office, the effectiveness of the contract shall not be influenced, unless the parties concerned have agreed otherwise.
The trademark assignment does not affect the effectiveness of the trademark license contract that took into effect before the assignment, unless it is otherwise agreed in the trademark license contract.
Pledge of Registered Trademark
Where the exclusive right to use a registered trademark is pledged, the pledger and the pledgee shall conclude a pledge contract in written form and shall jointly file an application with the Trademark Office to register the pledge. The Office will publish an announcement.
Removal of Registered Trademark
If a trademark registrant intends to remove its registered trademark or the registration of a trademark on partial designated goods, it/he shall file an application with the Trademark Office and return the original Certificate of Trademark Registration.
Where the Office approves the registrant’s such request, the registrant’s exclusive right to use the registered trademark on all designated goods or on partial designated goods shall be terminated, effective from the date when the Trademark Office receives the removal request.
Where a registered trademark is removed, the original Certificate of Trademark Registration shall be invalid and the Office will publish an announcement.
If the registrant requests to remove the registration on partial designated goods, the Office shall reissue a Certificate of Trademark Registration and publish an announcement.
Quarantine Period
Where a registered trademark has been canceled, has been declared invalid or has not been renewed upon expiry of the term, the Trademark Office will, within one year from the date of cancellation, invalidation or removal, refuse to approve any application for registration of a trademark that is identical with or similar to such trademark.
Principles for Administration
State personnel responsible for trademark registration, administration, and review shall enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized services.
State personnel responsible for trademark registration, administration and review shall not be involved in trademark agency services or in the production or trading of goods.
Where one of state personnel responsible for trademark registration, administration and review neglects duty, abuses power, or practices fraud for personal considerations, or handles trademark registration, administration, and review matters in violation of the law, or accepts money or property from an interested party, or seeks improper benefits, he/she shall be punished in accordance with law if the act does not constitute a crime, or shall be prosecuted according to law for his/her criminal liabilities if the act constitutes a crime.
Recusal
A member of staff from the Trademark Office shall be recused, on his or her own initiative or upon the request of the parties concerned or any other interested person, from exercising his or her function, where any of the following events occurs:
1) where he or she is a close relative of the party concerned or the agent of the party concerned;
2) where he or she has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination; or
3) where he or she has an interest in the application for trademark registration or other trademark matters at issue.
More introductive information of Chinese Trademark System is under preparation.
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