Guide to Trademark Registration and Protection in China (2) - Requirements on Application for Registration

Requirements on Application for Registering a Trademark in China

1. Instruction Letter, indicating:
(1) the trademark
(2) the international class(es), and the concrete goods/services corresponding to each class
(3) the name and the address of the applicant
(4) When priority is claimed, the priority application date/number/country shall be provided.

2. Trademark Reproduction
(1) 15 trademark reproductions in black and white for one trademark in one class shall be provided.
(2) If color is to be protected, 15 colored and 2 in black and white trademark reproductions.
(3) The reproductions shall be clear, and sized between 5 cm x 5 cm and 10 cm x 10 cm.

3. Power of Attorney
(1) One trademark registration application requires one power of attorney. The applicant may use the form provided by us, which he only needs to apply his/its name and date thereto. Neither notarization nor legalization is necessary.
(2) The original power of attorney shall be submitted to the Chinese Trademark Office together with the filing documents. If time is pressing, a faxed copy may be submitted first, with the original to be supplemented as soon as possible.

4. Priority Document
(1) Where priority is claimed, information regarding the priority filing date, number and country shall be provided.
(2) Where priority is claimed, the name of the trademark, the goods/services, and the international class(es) in said application document shall not exceed the scope of the priority application.
(3) The priority document may be filed at a later date, but no later than 3 months from the date of filing the application.

5. Special Documents
(1) For applications of trademarks where the goods fall under class 5, i.e., involving human medicine, baby foods and dietetic products for medical use, the applicants shall provide copies of permits issued by the pertinent government departments concerned on the production and sales thereof. Said copies of permits shall be submitted together with the filing document, no late filing is allowed.
(2) Where personal pictures are taken as trademarks, notarized declarations signed by the person(s) shown in the pictures stating due agreement to have their portraits as trademarks.

6. Documents to Be Specially Submitted for Registration Applications for Certificate Marks
(1) Certificate qualifying the subject, notarized.
(2) The Administrative Regulations on Use of Certificate Mark stipulates:
*the object of using the certificate mark;
*the unique qualities and features of the goods/services using the certificate mark;
　 *conditions of using the certificate mark;
　 *procedures of using the certificate mark; and
　 *rights and obligations of using the certificate mark, and liabilities when violating the Regulations.
(3) Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said goods/services.

7. Documents to Be Specially Submitted for Registration Applications of Collective Marks
(1) Certificate qualifying the subject, notarized.
(2) The Administrative Regulations on Use of Collective Mark stipulates;
　　　 *the object of using the collective mark;
　　　 *members using the collective mark;
　　　 *the qualities of the goods/services;
　　　 *conditions of using the collective mark;
　　　 *procedures of using the collective mark;
　　　 *rights and obligations of members using the collective mark, and liabilities thereof when violating the Regulations.

Notes

1. For the registration of trademarks, the P. R. China adopts the "First Filing Principle". When filing an application for registration, the applicant does not have to submit supporting materials on first use or intending to use.

2. Article 8 of the Chinese Trademark Law stipulates the following words or designs cannot be used as trademarks:
(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decoration, of the People’s Republic of China;
(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;
(3) those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
(4) those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
(5) those relating to generic names or designs of the goods in respect of which the trademark is used;
(6) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
(7) those having the nature of discrimination against any nationality;
(8) those having the nature of exaggeration and fraud in advertising goods; and
(9) those detrimental to socialist morals or customs, or having other unhealthy influences.

3. The Chinese geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings shall be exclusive.

Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

4. Where there are some designs or wordings in a trademark design that are not allowed to be registered (only referring to the designs or wordings falling under items (5) and (6) under Article 8 of the Chinese Trademark Law as mentioned above), and, further, these designs or wordings are so close as to be inseparable from the trademark as a whole, and the deletion thereof will bring about great impact thereto, the applicant may disclaim said design or wordings.