FAQs Categories: China

Yes

Division is allowed if part of the goods/services are refused. However, division of multi-class applications/registrations resulting from opposition, assignment, non-use cancellation or invalidation is not allowed.  This could cause considerable difficulty if any of these situations were to arise. This is why we do not suggest multi applications.

Absolute grounds:

1. Descriptive of the function, quality, materials etc. of the claimed products or other conditions due to lack of distinctiveness;
2. Conflict with National Symbol or Geographical names (except those approved by the government of the country concerned, a trademark registration in such country could be used as the evidence of government proof)
3. Negative meaning

Relative grounds:

Confusion with a similar trademark.

The full legal name of the applicant (either your company or your personal name)

The full address of the applicant.

The trademark name. If you are filing for a logo, we need to see the logo.

The products which you sell or plan to sell under your trademark (provide a list).

The services which you offer or plan to offer under your trademark (provide a list).

Power of attorney.

A copy of your company’s certificate of incorporation (or passport for individual applicant).

China trademark classification system is based on the NICE classification system and has some modification.

China has developed a sub-classification system for each of the 45 classes.  The goods/services in each class are divided into several subclasses according to their function and/or raw materials and sales channels while services are divided based on their content and target consumers.  Generally goods falling into the same sub classes are considered similar to each other.  Likewise, goods falling in different sub classes are not considered similar.

The sub-classification system not only means that goods/services are further categorized into different sub-classes of the main class heading, but all goods/services applied for have to comply with the goods/services listed in the Chinese Sub-classification Book.  If the goods/services applied for are not specifically listed (i.e “standard terms”) they are likely to be rejected.  Unfortunately, unlike many other countries, this often means selecting goods/services that are “closest” to the specific goods of interest – as the list is somewhat limited.

Since China is a “first-to-file” country, we do not recommend that you use an unregistered trademark in China since it may be stolen by a competitor and registered as “his” or “hers”. We recommend filing in China as soon as you have determined that this jurisdiction is important to your business.

A trademark opposition period is 3 months in China.

When a trademark application is filed, the China Trademark Office (CTMO) will review the application. Then an official receipt will be issued (usually takes about 2 months for the official receipt to issue). Your trademark will then go through a substantial examination, which will last about 8 months. If everything goes smoothly, we will receive a preliminary publication notice within 9 months from the application date. After 3 months’ opposition period, the trademark will be approved for registration. The whole process takes about 12 months in total.

Trademark right is a territorial right. trademark protection is necessary to avoid infringement attack and protect your brand name, if your business is ever related to China market, say, exporting to China, OEM business using Chinese manufacturer and are planning to launch the products/services to China market in future.

A registered Chinese trademark must be renewed every 10 years.