CBL’s Introduction
There is a specific process that must be followed to register a trademark in China and obtain intellectual property right protection. Moreover, rejection rates are very high, with nearly half of trademark applications being rejected. These instructions by the Chinese IP Administration have been translated into standard English to help you accurately understand the trademark application process and be empowered to successfully obtain protection.
Contents
Submission Process
How to Fill the Trademark Application
Correcting Errors
Instructions for Registering a Trademark
I. Applicable Laws
Section 4 of the Trademark Act and Section 13 of the Trademark Act Administrative Regulations provide that individuals, legal entities, and other entities seeking exclusive rights to trademarks associated with their goods or services must file for trademark registration with the China IP Administration. The International Classification of Goods and Services categorizes trademarks into 45 classes, including 34 for goods and 11 for services. Trademarks associated with goods are referred to as trademarks, while those associated with services are designated as service marks.
II. Where to Submit
(A) Electronic applications submitted by applicants.
Applicants may file electronic applications via the trademark services online platform. Refer to the Online Application section for more information on filing methods.
Trademark Services Online Platform URL: https://sbj.cnipa.gov.cn/sbj/wssq/
(B) Applicants may file trademark applications in-person at the following locations:
1. Visit a trademark service counter at a local market regulatory or intellectual property management agency authorized by the Administration to process your application. Refer to the Trademark Application Guidance section or the FAQ section of the China Trademarks Website for specific service counter addresses.
2. Visit a trademark examination center outside Beijing in a national intellectual property Trademark Office outside Beijing.
3. Visit a trademark registration center in a national intellectual property Trademark Office.
(C) Applications filed by trademark representation agencies authorized by the China IP Administration.
III. Filing Process
(A) Applicants may access the online service system and select Trademark Registration Application to fill in and submit their application online.
(B) Applicants may also submit their applications at Trademark Registration Center service counters.
(C) Applicants submitting their applications at trademark service counters must submit their application materials online and comply with counter staff requirements.
(D) Applicants may file applications through any authorized trademark representation agency registered with the Administration. Details of all authorized trademark representation agencies registered with the Administration can be found in the Representation Agencies section of the China Trademarks Website.
The Administration will review all trademark application materials once submitted. Please refer to the Trademark Registration Flowchart for details on the trademark application review process.
IV. Preliminary Lookups (Optional)
Trademark registration fees for rejected applications are non-refundable, and applicants will incur delays submitting additional applications, with no guarantee of acceptance. Therefore, we recommend applicants carry out preliminary trademark searches to identify any existing prior user rights and assess the viability of their application.
V. The Trademark Application
The following materials are required when submitting a trademark application:
Trademark application materials may be submitted in writing or electronically. Refer to the Online Application section on the China Trademarks Website for more information on electronic application requirements.
(A) Trademark Registration Application Form (using the Administration’s standard application form)
1. A Trademark Registration Application Form must be submitted for each trademark registration application. Written applications must be typed or printed.
2. Legal entities or other organizations applying for trademark registration must stamp the appropriate section in the application form with their corporate seal, and natural person applicants must sign their names in the designated signature section using a fountain pen or a signature pen.
3. Refer to the instructions attached to the registration application form for specific completion requirements.
(B) Applicants must submit photocopies of their identification documents. Applicants filing multiple applications are only required to submit one copy of their identification documents.
1. Applicants in China
Legal entities and other organizations should submit photocopies of documents showing their Unified Social Credit Code, such as business certificates or certificates of incorporation for general organizations, governmental organizations or non-governmental organizations, and professional licenses for law firms.Journal publication licenses, education permits, health permits, and other similar documents will not be accepted as identification document.
Legal entities or other organizations based in the Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan should also submit photocopies of their identification documents.
2. Foreign Applicants
Foreign legal entities or organizations must submit photocopies of identification documents issued by their country. Registration documents submitted by representative offices of foreign companies in China will not be accepted as identification documents. Documents in languages other than Chinese must include a Chinese language translation or will otherwise be considered invalid.
Foreign individuals applicants not represented by an agent must submit photocopies of their passports, along with copies of their Residence Permit, Residence Card, or Permanent Resident Card that are within the valid period (over a year).
(C) Trademark applications filed by an agent must have a power of attorney.
1. The POA must describe its authority.
2. Foreign nationals or organizations must state their nationality in the POA.
3. Reciprocity applies to notarization and legalization for POA and other documentation submitted by foreign nationals or organizations .
(D) Trademark Drawings
1. A trademark drawing must be submitted with each trademark application. Applicants should submit color drawings when seeking trademark protection for color combinations, otherwise black and white drawings may be submitted.
2. Trademark drawings must be clear, easy to affix, and printed on smooth, durable paper or as photos, with length/width between 5cm-10cm. Trademark drawings should be attached in the designated section of the trademark registration application form.
3. Trademark registration applications for three-dimensional marks should include a statement and detailed description of use in the Trademark Description section of the application form. Applicants must submit drawings showing multiple views, as well as a three-dimensional view of the three-dimensional mark.
4. Trademark registration applications for color combinations should include a written statement and detailed use description in the Trademark Description section on the application form.
A color scheme trademark drawing must be color combinations showing how colors are combined or trademark outlines showing where the colors are used. Such outlines are not trademark elements and they must be drawn using dotted lines instead of solid lines.
5. Trademark registration applications for three-dimensional shapes should include a written statement and detailed description of use in the Trademark Description section of the application form.
(a) Sound Mark Descriptions Sounds should be represented using staff or numbered musical notation and include a written description. Comprehensive written descriptions may be provided for any sounds that cannot be represented through notations.
(b) Sound Sample Requirements:
① Written applications for sound marks should include an audio file of the mark on a read-only CD, limited to one audio file per CD. Electronic applications for sound marks must include a correctly uploaded sound sample.
② Audio files should not exceed 5MB in size and must be in WAV or MP3 format.
(c) The sound sample submitted should match the trademark description.
(E) Priority claims in trademark applications must be supported by a written declaration. Original copies of the documentary proof of priority and their translations to Chinese, must be submitted with the written declaration or within three months of applying. Priority applications will be deemed invalid if an accompanying written declaration is not submitted or if the application/exhibition country, application/exhibition date, or application number sections are not properly filled in. Priority claims will not be accepted if the necessary priority applications are not submitted by the deadline, are incomplete, or are insufficient to support the priority claim
(F) Chinese translations of the documents must be attached for any priority applications, documentations, or other materials in other languages, or the submissions will be deemed invalid.
(G) In addition to materials such as the trademark application form and trademark drawings, individuals in China must comply with special requirements (https://cbltranslations.com/en-us/china-law/trademarks/registration-guidance/#_Applying)
(H) All materials submitted, and declarations made as part of a trademark registration application must be genuine, accurate, and complete.
The Administration will invalidate bad faith registrations or otherwise improperly registered trademarks as required by § 5 of the Trademark Application Integrity Rules. Third party entities or individuals are permitted to petition the Administration to invalidate such trademarks.
VI. Trademark Registration Fees
Trademark registrations are subject to the fees and payment methods in the Trademark Fee section.
VII. Trademark Registration Application Correction Process (Optional)
The Administration will approve and notify applicants in writing once the trademark application process is complete, all application materials are correctly filled out, and the required fees are paid. Failure to comply with any of these conditions will result in the application being rejected, and the Administration will notify applicants of such decisions in writing. The Administration may request corrections to trademark registration applications, and will notify the applicants of any necessary changes. Applicants must correct their applications and resubmit the revised materials within 30 days of receiving notice from the Administration. Submitting the revised materials within the statutory deadline will maintain the original filing date. Failure to submit revised materials on time will result in the application being rejected by the Administration, with written notice provided to the applicant.
VIII. Substantive Examination Procedures for Trademark Application and Registration
The China IP Administration will carry out substantive reviews of all approved trademark registration applications under the Trademark Act. Applications that meet all requirements will pass the initial review and be published. Applications that fail to meet the requirements will be rejected by the Administration, and applicants will be informed accordingly.
IX. Notes
(A) The receipt of a Trademark Registration Application Approval Notice does not imply approval, but merely indicates that the Administration approved the application for processing.
(B) Applicants wishing to appeal a rejection decision may file a petition for review with the Administration within 15 days of receiving the notice.
(C) Applicants whose trademark applications are involved in oppositions and thus rejected by the Administration may file a petition for review with the Administration within 15 days of receiving the notice.
(D) Trademarks in applications that have been accepted but not yet approved shall not be deemed registered trademarks. The jurisdictional market regulatory agencies monitor the use of all trademarks for any infringements of third-party rights.
(E) Trademark registrations are valid for 10 years from the date of approval. Trademark registrants intending to use their registered marks beyond the expiration must initiate renewal procedures within 12 months before the expiration. Trademark registrants who miss the renewal deadline are afforded a 6-month grace period to request the renewal of an expired registration, subject to a late renewal fee. The Administration will cancel any registered trademarks not renewed during the grace period, requiring registrants to file a new trademark registration application to regain trademark rights.
Source & Translation Methodology
The order information is presented was changed in order to ensure information is comprehensible to English-speaking readers, while preserving its actual meaning. Information repeated through copy and paste in the original, is consolidated into a single expression. Overall, the translation methodology is User Centered Translation.
From:
申请注册商品商标或服务商标 https://sbj.cnipa.gov.cn/sbj/sbsq/sqzn/201811/t20181107_614.html