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

Requirements on Application for Registering a Trademark in China

1. Trademark Representation

• Trademark representation in black and white shall be provided. 
• If color is to be protected, trademark representation in colored and black shall be provided.
• The representation shall be clear, and sized between 5 cm x 5 cm and 10 cm x 10 cm. (It is recommended to use electronic file, like JPG)

2. Power of Attorney

• 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.

3. Identity Certification Document

• Certificate of Incorporation or Business Registration Certificate of applicant. (Legal Entity)
• Identity Card or Passport of applicant. (Natural person)

4. Priority Document

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

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. Under the Article 10 of Trademark Law of China, none of the following signs may be used as trademarks:

• Those identical with or similar to the State name, the national flag, emblem or anthem, the military flag, emblem or songs, or medals of the People’s Republic of China; or those identical with the names or emblems of Central State organs, the names of the specific locations where the Central State organs are seated; or those identical with the names or designs of landmark buildings;
• Those identical with or similar to the State name, national flag, national emblem or military flag etc., of a foreign country, except with the consent of the government of that country;
• Those identical with or similar to the name, flag or emblem of an international inter-governmental organization, except with the consent of that organization or except where it is unlikely to mislead the public;
• Those identical with or similar to an official mark or inspection stamp that indicates control and guarantee, except where authorized;
• Those identical with or similar to the symbol or name of the Red Cross or the Red Crescent;
• Those having the nature of discrimination against any nationality;
• Those that are deceptive and likely to mislead the public in terms of the quality, place of production or other characteristics of the goods; and
• Those detrimental to socialist ethics or customs, or having other unwholesome influences.

No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark. Registered trademarks in which geographical names are sued shall remain valid.

3. Under the Article 11 of Trademark Law of China, none of the following marks may be registered as trademarks:

• Where the mark bears only the generic name, design, or model number of the goods concerned;
• Where it only directly indicates the quality, principal raw materials, function, use, weight, quantity or other features of the goods; and
• Signs that otherwise lack any distinctive character.

Any mark mentioned in the preceding paragraph may be registered as a trademark if it has acquired distinctive features through use and is readily distinguishable.

Regulations for the Implementation of the Trademark Law of the People’s ...
Trademark Law of the People’s Republic of China