TRADEMARK REGISTRATION                 colaw.cn

1. Conditions

                                                            A. Applicant

An applicant for the registration of a trademark shall be such an enterprise, an institution, a social organization, an individual  or commercial household or an individual partnership as legally established, or such a foreigner or a foreign enterprise.

Any foreigner intending to apply for the registration of a trademark in China shall file an application in accordance with an agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.

Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as designated by the State to act as his or its agent.

B. Distinguishment

Any word, device or their combination that is used as a trademark shall be so distinctive as to be distinguishable.

C. Habitation

In trademarks, the following words or devices shall not be used

Cl. those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China;

C2. those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;

C3. those identical with or similar to the flags, emblems or names, of international intergovernmental organizations

C4. those identical with or similar to the symbols, or names, Red Cross or the Red Crescent;

C5. those relating to generic names or designs of the goods in respect of which the trademark is used;

C6. 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;

C7. those having the nature of discrimination against any nationality;

C8. those having the nature of exaggeration and fraud in advertising goods; and

C9. those detrimental to socialist morals or customs, or having other unhealthy influences.

The geographical names as the administrative divisions at or above the country 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.

A. Application

An applicant for the registration of a trademark shall in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.

Where any applicant intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.

B. Documents

When applying for the registration of a trademark, the applicant shall file one application in respect of each class of goods according to the Classification of Goods as published. For each filing, an "Application for Trademark Registration'" shall be submitted to the Trademark office, accompanied by ten copies of the reproductions of the trademark (If color is claimed, ten copies of the color reproductions of the trademark shall be attached thereto.) and one copy of the black and white design thereof.

The reproductions of a trademark must be clear and easy to be pasted up, and shall be printed on smooth and clear durable paper or substituted by photographs, the length and breadth of which shall be less than 10 cm but more than 5 cm each. 

C. Other documents

Any application for the registration of a trademark in respect of pharmaceutical products for human use shall be accompanied by a certificate issued by the health administrative department.

Any application for the registration of a trademark in respect of cigarettes, cigars or cut tobacco with packages shall be accompanied by a certificate of authorized manufacture issued by the competent authority of the State for tobacco products.

Any application for the registration of a trademark in respect of any such other goods as prescribed by the State that must use a registered trademark shall be accompanied by a certificate of authorization issued by the competent department concerned.

Where a trademark applicant entrusts a trademark agency in filing any application for the registration of a trademark or for any other matters concerning a trademark, he shall submit a Power of Attorney. The Power of Attorney shall indicate such contents and competence as authorized. Where the applicant is a foreigner or a foreign enterprise, the Power of Attorney shall, in addition, indicate the nationality of the entrusted

Where a foreigner or a foreign enterprise applies for the registration of a trademark or for any other matters concerning a trademark, the Chinese language shall be used. The notarization and legalization of the Power of Attorney and the relevant certificates shall be done based on the principle of reciprocity. Any document in a foreign language shall be accompanied by a Chinese translation thereof

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