The Certificate of Trademark Registration is a document issued by the China Trademark Office under the Trademark Act. This certificate is used to prove that the owner has the exclusive right to use the trademark within the specified scope. The trademark registration certificate includes the following items: an image of the trademark, the registration number, the registrant’s name and address, the approved goods and services category, and the effective term of the exclusive rights. Individual applicants can pick up a copy from the trademark office’s public service center, while trademark agents will receive the certificate by mail.
A major fraud risk associated with China’s approach to the trademark registration certificate is attempting to rely on it as proof of ownership for use in a transaction or joint venture. In practice, the trademark office is required by the Trademark Act to record all matters related to trademarks registration in the Trademarks Gazette. Due diligence should be conducted by searching the trademark office Gazette for the status of the trademark registration. The trademark rights law enforcement office will also determine the true legal status of the implicated trademark, and will not make decisions based solely on a trademark registration certificate.
The trademark office has stated on numerous occasions that, while falsification and alteration of trademark registration certificates are currently major issues in China, the enforcement division will vigorously prosecute all reported cases and seek criminal penalties. The fraud risk is something businesses should control with due diligence. During the due diligence process, businesses should treat the trademark registration certificate with skepticism and rely only on the official Gazette.
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