CBL’s Introduction
Applying for trademark registration in China requires navigating a maze of bureaucratic procedures and requirements. Getting a trademark agent to help you is a good idea, however relying on them too much isn’t ideal because they are often negligent or dishonest. In this guide, we will go over the legal requirements to describe your mark in China and place them into the correct classification for goods and services. If you have already registered the trademark elsewhere, you can gain priority, which can protect you from inevitable trademark thieves.
This guide is free of misinformation, because it was translated from the official guide written by the China Intellectual Property Administration, using the User Centered Translation approach.
Contents
How to Describe Your Trademark
Classification of Goods/Services
Source & Translation Methodology
How to Describe Your Trademark
In general, you should fill the trademark description with any information you believe necessary for the China Trademark Office to understand the mark. Explain what foreign words in a mark mean.
Include one clear specimen of the trademark on a sheet no larger than 15cm x 5cm.
Sound marks should be described with music scales and a written description, if not feasible, then just a written description. The description of a sound mark should fit on a single trademark specimen sheet; lyrics and titles can be put in the description. You should include a sample of the sound mark in wav or mp3 format on an attached CD-ROM, no more than 5MB.
A trademark specimen cannot be changed once it is submitted, except upon request to submit a clearer version.
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Color Combinations
When registering a color combination in China, in addition to basic trademark requirements, a color combination must have two or more colors, and must include a graphic design with a color block that shows how the mark is used. A written description of how the mark is used with a swatch indicating the colors. These indications of how colors are used are not part of the mark itself, and should be separated with a dotted line. Include a color swatch for color combinations. Color combinations and colored specimens must include both a color and an additional black and white version. If no color is designated, then submit a black and white specimen. No separate explanation is needed for marks that use specific colors.
Three Dimensional Marks
The China Trademark Administrative Regulations require three-dimensional marks to have a specimen sufficient to ascertain the three-dimensional design and should include a visualization showing the design from three different angles (i.e., front, side, elevated, top). Three Dimensional Marks Each specimen showing a different angle on the three-dimensional mark should be between 10 x 10 and 5 x 5 centimeters. Textual elements should be shown on the visualization in the specimen in the same place that they would when in actual use, and not separated from the visualization. Include a description of how the three-dimensional mark is used.
Describe how three-dimensional, sound, and color combinations will be used. For an example of how you can fill in a description of how the mark is used, a candy maker may trademark the three-dimensional shape of the candy they make. In the description, you can fill in, “this three-dimensional mark is the shape the candy will take.”
Type of Mark
Select what kind of mark you are applying for and whether this is a joint trademark.
Several types of special marks are authorized by China’s trademark law that function differently. In addition to all the basic trademark application requirements, there are additional materials that must be submitted.
Collective Mark: registered under the name of an association or organization, it is used to show membership; applications must include your rules governing the use of the mark and a list of members.
Certification Mark: used by organizations or individuals in China to prove that their products or services conform to standards about origin, materials, manufacturing method, or quality, by showing that it is under the supervision of a specialist certifying organization with competence in inspections. Applications must include the rules governing the use of the mark; secondly, it must demonstrate capability to supervise the quality of products indicated by the mark, by providing a detailed account of the organization (or its agents’) technical capabilities and describe the testing equipment they use.
Geographical Indication: either a collective mark or certification mark that is used to represent the natural conditions or people in a geographic region have special quality or reputation.
To learn more, read the government instructions posted on the China Trademark Office website.
Classification of Goods/Services
The classification of the goods is filled in based on the official classification table. Fill the name of the goods and services that appears in the table into the application form, numbering each item sequentially.
The China classification table is based on the Nice Classification system, and you can use the headings and notes in each category to determine where it fits. If the Trademark Office examiner finds an error with your classification, you will be provided with an opportunity to correct. As the Nice principles are applied in China, you can learn more about the general principles at the World Intellectual Property Association’s Nice Classification FAQ here.
There are multiple overlapping items within each category, because the categorization system in China does not intend to create borders between each possible classification, rather facilitate registration. For example, Classification 20 contains both “furniture” and “metal furniture,” because the international classification system identifies goods by what materials they use. In some cases, the classification system finds it necessary to use two different classifications for the same type of good if different materials are used, for example Classification 6 is for metal construction materials, and Classification 19 is for non-metallic construction materials.
If your good does not match anything on the classification table, you should look at the headings and explanatory notes in the table and determine the appropriate classification based on its underlying principles, and include a detailed and precise explanation for the classification that avoids any ambiguity as to what classification the good may belong to.
The description of the good or service should also follow the linguistic customs of the consuming public in China but in a manner precise enough as to avoid confusion with another category. Here are three examples of how this should be done in practice.
- The computer industry uses the word “notebook” to mean “laptop,” but this is too imprecise and could fall under classification 16 for stationery, so “laptop computer” is necessary to fall under classification 9.
- The Mandarin Chinese word dianji refers ambiguously to electricity generators and electric motors, whereas electricity generators fall under Classification 7 and electric motors fall under Classification 12. Therefore, dianji is an imprecise name. Foreign producers ensure your translator is well-qualified.
- “Cooked Foods” is not a precise classification, because cooked pork falls under 2901, cooked fish under 2902, cooked fruit under 2904, and cooked vegetables under 2905.
You may receive a notice that your classification is incorrect because it lacks specificity, precision or accuracy. In your correction, avoid confusing categories or using over-broad goods or services names.
Pay close attention to the classifications, for example “holiday outdoors camping” is Classification 41 and “holiday outdoors lodging” is Classification 43.
You may be asked to make a correction if the China Trademark Office finds that the description of the goods is inadequate. For example, the name “home appliances” is a colloquial expression that covers many different things and classifications, and thus is ineligible for a trademark registration. Products that cover numerous different classifications can be eligible to apply for multiple classifications.
You may receive a request to correct your trademark application if the China Trademark Office finds your classification ambiguous due to problems with language use, as described above in the examples about motors vs. generators, and laptops vs. notebooks.
If you file a trademark application for multiple classifications but are requested by the China Trademark Office to correct only one or them, if you fail to correct your application by the deadline, your entire application will be rejected.
Classification standards will change from time to time. You will need to submit a new trademark application in the event of the following:
- When goods/services classifications change
- If the goods/services you provide under your mark change,
- If your mark itself changes
To learn more, read the government instructions posted on the China Trademark Office website.
Priority Rights
If you already obtained the same trademark in a different country within the past six months, you may indicate on your application that you enjoy priority rights under that country’s reciprocity agreement with China. The applicant must include a counterpart copy of that first trademark registration showing the date and number; there is a three-month grace period for providing this copy.
A foreign trademark registration covering multiple goods and services classifications may be used to claim priority rights in applications for multiple China single-classification registered trademarks. Only one counterpart copy per application package is required. Similarly, several single-classification trademarks registered in a foreign jurisdiction may be used to claim priority rights when filing for a multiple-classification trademark in China.
If you display products at a trade show or exhibition recognized by the Chinese government, you are also entitled to priority rights for within the next six months. To claim the priority right, you must indicate the country and provide the relevant documentation (with a translation into Chinese). Include the name of the trade show or exhibition, proof of participation, and date. The event organizer usually provides these certifications. The same 3 month grace period for providing documentation also applies.
How to Submit the Application
There are two ways to register a trademark: personally, or through an agent. If you reside in or have a place of business in China, you may personally register a trademark by visiting the IP Administration’s website, or by personally visiting the Trademark Office in Beijing or one of its regional offices. Market Regulatory Administration offices may also offer trademark registration services. Generally, paper copies are not required if you submit your application online, but in some cases, you may be asked to send some documents in paper copy.
You can search for existing trademark registrations online at the China Trademark Office’s website, using the name of the mark, but also its ID number or name of registrant.
There is no substantial difference between using a trademark agent to process your request and handling it personally, aside from fees and added convenience, as contact with the China IP Administration will be handled for you.
You must also sign a power of attorney for your agent which involves possibility for negligence or abuse; see the separate guidance about your rights in this regard (translation here).
Licensed trademark agents are also entitled to submit application materials by mail, whereas when completing applications personally, you would need to use the online system or wait in line at a government service center. When applying in person at a trademark service center or service location, the officer on site will examine your documents, and advise of any details that need correction, before forwarding them for an initial examination. If using an agent, the Trademark Office assumes your agent will screen the application before mailing it in.
Application status will typically be displayed online, but if you believe it is not being displayed due to an error, you may write to the China Trademark Office for more information.
You will receive a notice and deadline for fee payments from the Trademark office, and can learn more about fee standards and payment methods from our guidance documents. Once fees have been paid, you will receive a notice that your application has been accepted, but if there are problems with the application you will be issued a notice to supplement the application, with a 30-day deadline to supplement your application. Your original application date will be preserved only if you supplement it in time.
The date at which the notice to correct or supplement your trademark application for purposes of calculating the deadline is the date on which you physically pick it up, the physical mailing delivery date, or for electronic notices the 15th day after it was sent. If you did not receive the notice or it was received late, it is 30 days from the China Trademark Office’s publication.
The China Trademark Notice aims to provide notice that your trademark application was accepted for processing within one month, but applications requiring correction should expect a much longer delay. There is no fee if the trademark application is rejected, and your trademark agent must refund these fees.
Applications will not be accepted for processing for the following reasons:
- Missing application form material
- A compliant trademark specimen
- Correct identifying documents
- Errors filling out the form
- Missing product/service name
- Using a language other than Chinese
- Incomplete documentation,
- Translation provided not under seal
- Joint trademark identifying information is incorrect
- Failing to pay fees
Notices for supplements, rejections, fees, and acceptance will be sent by mail to the address on the form. You may apply for a wide variety of marks, so long as they effectively distinguish the origin of the goods. Acceptable types of marks include words, letters, numbers, graphics, three-dimensional marks, color combinations, and sounds. Marks must be distinctive and may not conflict with another person’s prior rights or an existing trademark registrations. Applicants should review the China Trademark Act and its Administrative Regulations, and be familiar with the examination criteria.
Applicant Information
The application form must be filled with the following information:
Name of Applicant: Must be filled in identically with your identification documents, for individuals include your ID number. For joint applications, fill in the representative’s name and other names in an attachment.
A unified social credit number is required for Chinese individuals or entities organized under Chinese law, Foreign individuals or entities do not fill in a social credit number, but must fill in your nationality/region.
Applicant’s Address: Must match your identifying documents exactly, but add province, city, or county information if not otherwise shown. Agents representing foreigners must fill in an address in both English and Chinese fields.
Domestic Recipient: foreign applicants must designate a recipient in China to receive materials from the China IP Administration, which can be any address, including your company office.
When submitting a Trademark Registration Application there are different requirements depending on type of applicant:
Foreign Persons and Entities: Trademark agent power of attorney only. Taiwan, Macau, and Hong Kong persons and entities are governed by the same rules.
Foreign Persons with PRC Residency: If applying personally, provide a residency permit with at least one year of validity.
Chinese Citizen: Identify verification and personal seal.
Legal Entity Registered in China: A business entity must provide their unified social credit number, your business license; other organizations should provide their Governmental Entity Certificate, Social Organization Entity Certificate, Non-Business Organization Certificate, Fund Entity Certificate, or Law Firm License.
Representative Office: Ineligible to apply. Either the foreign entity itself or an entity organized under the laws of China must apply.
For more information, read government guidance online.
To learn more, read the government instructions posted on the China Trademark Office website.
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:
商标注册申请常见问题指南 (https://sbj.cnipa.gov.cn/sbj/sbsq/sqzn/202211/t20221103_23079.html)