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trademark law
The competent department of trademarks is the China National Intellectual Property Administration, located in Beijing.
The current trademark law in China is the Trademark Law of the People's Republic of China, which was officially passed on August 23, 1982 and implemented on March 1, 1983. It has undergone four revisions in 1993, 2001, 2013, and 2019 and is still in use today. -
Registered types
The types of trademarks that can be registered in China mainly include the following:
Commodity trademark: a symbol used to identify the source of goods, which can cover various commodities such as chemical raw materials, pigments and paints, daily chemical products, fuel oils and fats, pharmaceuticals, metal materials, mechanical equipment, scientific instruments, medical devices, etc.
Service trademark: a symbol used by service providers to indicate their services and distinguish them from those of others, applicable to service fields such as insurance, banking, tourism, advertising, transportation, telecommunications, schools, hospitals, etc.
Collective trademark: a mark registered in the name of a group, association, or other organization for use by its members in commercial activities to indicate the user's membership in the organization.
Certification trademark: a mark controlled by an organization with supervisory ability over a certain commodity or service, used to prove the origin, raw materials, manufacturing methods, quality, or other specific qualities of the commodity or service.
Specific categories of trademark registration:
Trademark registration is divided into 45 categories, with categories 1-34 being goods and categories 35-45 being services. When registering a trademark, the applicant needs to choose the corresponding category based on their own goods or services for application. -
Duration
The trademark is valid for 10 years and needs to be renewed every ten years. The scope of protection is the mainland of China, excluding Hong Kong, Macao, and Taiwan.
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Revocation system
Due to differences in the reasons for revoking registered trademarks, revocation can be divided into three types: revocation due to improper use, revocation due to improper registration, and revocation due to disputes.
The reasons for revocation of improper use of a registered trademark include:
a、 Change the registered trademark on your own;
b、 Changing the name, address, or other registration details of the registrant of a registered trademark on their own;
c、 Transfer registered trademarks on their own; Stop using registered trademarks for three consecutive years;
d、 Using registered trademarks, their products are shoddy and inferior, deceiving consumers.
For domestic applicants, there are three ways to receive trademark registration applications:
（1） The applicant submits an electronic application on their own
Applicants can submit trademark registration applications online through the online service system on their own.
Trademark Online Service System URL: http://sbj.cnipa.gov.cn/wssq/
（2） Applicants can apply for trademark registration at the following locations
1. Go to the trademark acceptance window entrusted by the Trademark Office of the China National Intellectual Property Administration to the local market supervision department or the intellectual property department.
2. Go to the Trademark Examination Cooperation Center set up by the Trademark Office of the China National Intellectual Property Administration outside Beijing.
3. Go to the Office of the Trademark Office of the China National Intellectual Property Administration in Zhongguancun National Independent Innovation Demonstration Zone.
4. Go to the Trademark Registration Hall of the Trademark Office of the China National Intellectual Property Administration.
（3） The applicant entrusts a trademark agency registered in the China National Intellectual Property Administration
Firstly, go to the official website of the China Trademark Office and select "Trademark Similarity Query" to check the success rate. You can also entrust a reliable agency to conduct the query, based on your professional experience, the accuracy will be much higher than your own query. If your own brand is composed of Chinese, English, graphics, etc., it is necessary to conduct separate success rate queries. The examination of trademark registration is very strict, and any slight mistake will be rejected
The application materials required for applying in the name of a company or an individual are different. Prepare materials according to the corresponding requirements.
The address filled in must be consistent with the business license, and corresponding email and contact information should be provided. After the process is successfully submitted, payment will be made on-site or waiting for a payment notification letter.
At present, the official fee for one trademark and one category in China is 270 yuan (for 10 product items). If you choose an agency to handle it, the service usually ranges from several hundred to one thousand, and fees are charged according to different professional levels.
After submission, it will be accepted within 3-4 weeks, and an official acceptance notice will be issued (which does not mean that registration has been approved). After receiving the acceptance, the official will conduct a substantive review 5-6 months later.
Initial review announcement (approved), full rejection (all product items cannot be registered), partial rejection (some product items can be registered, some cannot be registered). We will explain in another article how to handle rejection and the reasons for rejection.
Without considering the possibility of rejection, if the official examination is passed, the initial review announcement will take three months. If there is no public opposition during this period, the trademark registration certificate can be issued.
After successful registration, the official will first issue an electronic registration certificate, and then issue a paper registration certificate. If the whole process goes smoothly, it will take 8-9 months to obtain the certificate.
1. Trademark Registration Application
2. Copy of applicant's identification document
3. If entrusting a trademark agency to handle, a "Trademark Agency Authorization Letter" shall be submitted
4. Trademark design
