In Chinese trademark law, a trademark application is the process by which a natural person or business entity obtains exclusive rights to a trademark. The National Trademark Office will issue a trademark certificate after completing both the pre-examination review and substantive examination of the trademark application, during which the trademark will be categorized as a text mark, graphic mark, sound mark, or three-dimensional mark.
Domestic applicants can submit their trademark application in one of two ways: they can appear personally at the trademark office or through a government-certified trademark agent. These two methods only differ slightly in their procedures. Individuals applying in person must visit the trademark office and speak directly with an official. If a trademark agent is used, the agent will represent the applicant at the trademark office in lieu of a personal appearance. In addition to ordinary trademark application documents, the applicant is required to have and present a Chinese national identification card. If a trademark agent files the application, a power of attorney to file the registration on behalf of the applicant is necessary. Chinese nationals may go directly to the trademark office building and submit trademark materials at the counter service.
Foreign persons or foreign-owned business entities must engage a trademark agent to register a trademark. However, this limitation does not apply to foreign persons or business entities domiciled in China.
FURTHER READING