2. What are required for a trademark application by a foreign applicant？

The foreign applicant who does not have a fixed domicile or place of business in China shall entrust a trademark agency approved by the government to file the application. The following documents and information are required：

1) Power of Attorney signed by the applicant (no notarization or legalization).

1) Six copies of trademark prints.

2〕If the applicant is a natural person, a copy of his ID is required.

3〕Chinese translation of the applicant’s name and address，which is recommended to be identical to the one already used in China.

4〕If priority is claimed, the filing particulars of the basic application as well as a certified copy of the basic application.

5〕 Specification of goods/services in accordance with 8^th Edition of NICE Classification.

3. Is multi-class trademark application accepted in China?

NO.

China does not accept multi-class application. An application for registration shall be filed in respect of each class of prescribed classification of goods/service.

4. What filing particulars can be requested for amendment after filing of the trademark application？

After filing of the trademark application, the applicant can request for amendment of the typo errors or other filing particular which does not substantially change the application. Any change of the trademark itself is not allowed. The specification of goods/services can be amended only in the way of deleting the wording of a whole item instead of rewriting said item.

5. How to claim priority when filing trademark application?

The applicant may claim priority in filing trademark application in the following two situations:

1) The application for the same mark in connection with the same goods is first filed in a foreign country which is a party of the international treaty of which China is also a party, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country. The applicant shall indicate in the application the first filing date, filing number and the country in which the application was filed, and submit a certified copy of the first application issued by the authority.

2) Where an applicant uses a trademark for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, he may claim the priority when filing trademark application within six months from the date of exhibition. The certified documents and evidence proving the name and date of the exhibition, date of display of the goods bearing the mark in the exhibition, etc. are required to support the priority claim.

The above-mentioned certified documents supporting the priority claim can be late filed within three months from the Chinese filing date.

6. Is the Chinese equivalent of a foreign language mark advisable to be filed for registration?

Bearing in mind the fact that a Chinese mark or a combination mark of both Chinese and a foreign language are easy for Chinese consumers to distinguish, pronounce and memorize, it is advisable for a applicant to simultaneously file an application for registration of the Chinese equivalent of its trademark in foreign language. In so doing, it is believed that the protection of the foreign mark will be extended.

7. Does the mark registered in simplified Chinese characters possesses enjoy the same degree of protection as that in classic Chinese characters?

It is advisable to register a Chinese trademark in simplified Chinese characters that follow the habit of the public in Chinese mainland. Simplified and classic Chinese characters count equally in determining whether marks are similar or identical in pronunciation, meaning and composition with the only difference lying in the degree of complexity in appearance. Normally, trademarks of either simplified or classic Chinese are equally protected once they are registered.

8. Can company names/trade names be registered as trademarks?

As long as the company name is exactly the applicant’s name and it contains a distinctive part in addition to the generic wording of the trade or the geographic name, it is registrable as trademark.

9.Is the mark with geographic names in it allowed for trademark registration?

Geographic names of administrative divisions at or above county level, as well as well-known foreign geographic names are not allowed for trademark registration. However, the geographic names with secondary meanings or as a part of a certification mark or collective mark will have chance of registration and registration of such names is generally collegially examined case by case.

10.   Does China accept service marks used in respect of retail services?

China presently does not accept applications for service marks in respect of the sales service (retail or wholesale).

11. What kinds of examination on trademark applications are adopted by the Trademark Office of China (CTMO)?

CTMO adopts formality and substantive examination on the trademark applications. The formality examination focuses on whether or not the filing documents comply with relevant provisions of the law and whether formalities are complete. If there is a need for correction in some unsubstantial aspects (such as the prints submitted are blur, specification of goods are not standard), the CTMO will issue a Notification for Correction to the applicant requiring the latter to make corrections within 30 days. Not duly making the correction required would result in lapse of the application.

The substantive examination will be conducted on both absolute and relative grounds of registration of a mark. In other words, the examination will be conducted to determine whether the mark is distinctive enough or is violating the forbidding Articles provided by the Trademark Law; and whether the mark conflicts with prior applications or registration of other marks. Those applications passing the substantive examination will be preliminarily approved and published, and those fail to pass the substantive examination will be totally or partially refused by the CTMO.

12.What marks are not registrable？

Provided by the Trademark Law, the following signs are not registrable:

1) Those identical or similar to the State name, national flag, national emblem, military flag, or decorations of the PRC; and those identical with the names of the particular venues where the Chinese government is located;

2) Those identical or similar to the State names, national flags, national emblems or military flags of foreign countries without consent given by the relevant country’s government;

3) Those identical or similar to the names, flags, or emblems of foreign countries without consent given by the relevant organization unless the use is unlikely to mislead the public;

4) Those identical or similar to the official signs and hallmarks indicating control and warranty unless the use thereof is otherwise authorized;

5) Those identical or similar to the names or symbols 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;

8) Those having unhealthy influences;

9) Geographic names without second meaning and not as an element of a collective mark or certification mark;

10) Those consisting exclusively of generic names, designs or models of the goods in respect of which the trademark is used;

11) Those consisting exclusively of signs or indications that have direct reference to the quality, main raw material, function, intended purpose, weight, quantity or other features of the goods/services;

12) Those devoid of any distinctive character.