1. Different ways to file trademark applications
A domestic applicant in Chinamay independently handle trademark registration applications and other trademark matters, and may also authorize a lawfully established trademark agency to handle such matters. The applicant should go to the China Trademark Office directly if it wants to handle the application independently (or go to the National Independent Innovation Demonstration Zone Office located in Beijing Zhongguancun, Examination Cooperation Center set in other cities, or Trademark Reception Windows set in local AIC or Market Monitoring Department), or it should present the application by means of online application system.
Where a foreigner or foreign enterprise desires to file trademark registration or other trademark matters in China, it shall retain a lawfully established trademark agency. But if the foreigner or foreign enterprise has habitual residence or business location in China, it can be treated as domestic applicant.
Applicants of Hong Kong, Macao and Taiwan shall follows same requirements as foreign applicants.
2. Are there any differences between independent filing and entrusting a trademark agency？Which way is faster?
The two ways are of no difference as to the examination of trademark registration. The main differences are the ways of contact, the documents submitted and the ways of submitting and delivering documents.
As to the way of contacting, the applicant will have direct contact with China Trademark Office if the applicant handles the trademark matters independently. China Trademark Office will not directly contact the applicant but through a trademark agency if it entrusts one.
As to documents to be submitted, the applicant should present related documents according to the regulations for independent filings. The applicant need to present an extra power of attorney if it entrusts an agency.
As to the way of document submission, the applicant or its responsible person should directly submit the documents to the China Trademark Office (or the National Independent Innovation Demonstration Zone Office located in Beijing Zhongguancun, Examination Cooperation Center set in other cities, or Trademark Reception Windows set in local AIC or Market Monitoring Department) or present the application by means of online application system for independent submission. An trademark agency cannot only submit documents directly, by mail and express companies, but also by means of online application system.
As to delivering document, the documents of China Trademark Office will be delivered to the applicant for independent submission. The documents will be delivered to the trademark agency if the applicant entrusts one.
3. Requirements and necessary documents for independent trademark filing from a domestic natural person
A domestic natural person applicant should present the following documents when handling his application independently:
ü A printed form of “Application for Trademark Registration” with applicant’s signature;
ü Sample of trademark;
ü A copy of business license for individual business;
ü A copy of identity card of the natural person.
Leaseholding rural household can apply trademark registration in the name of the person who signs the contract and the goods/services of application are limited to his agricultural and sideline products. A copy of the contract should be presented in the filing.
A domestic natural person can also apply for trademark registration by means of online application system.
4. Requisite documents of independent trademark filing from a domestic legal entity or other organization
A domestic legal entity or other organization should present the following documents when applying for trademark registration independently:
ü A printed form of “Application for Trademark Registration” with the applicant’s stamp;
ü Sample of trademark;
ü A copy of identification document.
A domestic legal entity or other organization can also apply for trademark registration by means of online application system.
5. What are the identification documents of domestic legal entities or other organizations when applying for trademark registration?
If the applicant is a domestic legal entity or other organization, it should use the identification document which is tagged with unified social credit code. An enterprise shall its present business registration certificate. Non-business can present “Institution legal person certificate”, “Social organization legal person registration certificate”, “Private non-enterprise registration certificate”, “Fund legal person registration certificate”, “Law firm practice certificate” etc.
Note: Periodical certificate, License for running a school and hygienic license cannot be regarded as the identification documents of trademark applicants.
6. Can the representative office of a company in Beijing apply for trademark registration?
Representative office or agency cannot apply for trademark registration in its own name.
7. Requirements and requisite documents for independent trademark filing from a foreign applicant
An foreign applicant desirous of applying for the registration of trademark in China shall retain a lawfully established trademark agency to be its agent. It can also handle the application independently if it has habitual residence in China. The following documents are required if the applicant goes to Trademark Office directly for independent trademark filing:
ü A printed form of “Application for Trademark Registration” with applicant’s signature;
ü Sample of trademark;
ü A copy of identification document of applicant;
ü A copy of Foreigner's Permanent Residence Certificate issued by the pubic security branches or copy of Foreigner’s Residence Permit which is valid for more than a year.
A foreign applicant with habitual residence in China can also apply for trademark registration by means of online application system.
8. Can a foreign company handling application for trademark registration independently in China?
Where a foreign enterprise has no business location in China, it shall entrust a lawfully established trademark agent to file trademark application or handle other trademark matters. Note: A subsidiary enterprise in China solely invested by a foreign enterprise is treated as a domestic enterprise but not business location in China of a foreign enterprise.
9. Can a Hong Kong(Macao /Taiwan) company apply for trademark registration independently in China?
Where a Hong Kong, Macao and Taiwan company has no business location in China, it shall entrust a lawfully established trademark agent to file trademark application or handle other trademark matters. Note: A subsidiary enterprise in China solely invested by a Hong Kong, Macao and Taiwan enterprise is treated as a domestic enterprise but not its business location in China.
10. Requirements and requisite documents for independent trademark filing from a HK, Macao or Taiwan applicant
Hong Kong, Macao and Taiwan residents desirous of applying for the registration of trademark matters in China shall retain a lawfully established trademark agen. Hong Kong and Macao residents who have “Travel permit for residents of HongKong and Macao to Chinese mainland” (which is valid for more than a year) and Taiwan residents who have “Travel permit for residents of Taiwan to Chinese mainland”(which is valid for more than a year) can handle the filing independently. The following documents are required when the applicants go to China Trademark Office registration hall directly:
ü A printed form of “Application for Trademark Registration” with applicant’s signature;
ü Sample of trademark;
ü A copy of identification document of applicant;
ü A copy of travel permit which is valid for more than a year.
Hong Kong, Macao and Taiwan residents meeting the above requirements can also apply for trademark registration by means of online application system.
11. What is a collective mark? What documents should be presented？
A collective mark is a mark registered in the name of a group, association, or any other organization and used by its members to indicate membership.
When applying for a collective mark registration, the applicant not only should present a printed form of “Application for Trademark Registration” with the applicant’s stamp, sample of trademark, a copy of identification document(confirmed by applicant's seal ), but also should submit the regulations of using and administrating the collective mark, list of members etc.
12. What’s the certification mark？Which documents should be presented？
A certification mark is a mark which is owned by an organization that exercises supervision over a particular goods or services and which is used to indicate that third-party goods or services meet certain standards pertaining to place of origin, raw materials, mode of manufacture, quality, or other characteristics.
When applying for a certification mark, the applicant not only should present a printed form of “Application for Trademark Registration” with the applicant’s stamp, sample of trademark, a copy of identification document (confirmed by applicant's seal), but also should present the regulations on the use and adminiatration of certification mark. And the applicant needs to illustrate the condition of technicians and technical detection equipment of the entrusted organization to indicate that the organization has the ability to supervise the goods which certificated by the certification mark.
13. What is a geographical indication? What documents should be presented?
A geographical indication is to indicate the place of origin of goods. The special qualities, reputation or other characteristics of the goods are primarily determined by the natural conditions or other humanistic conditions of the geographical location involved.
A geographical indication can be applied for trademark registration as a certification mark or a collective mark.
14. Can we apply for trademark “***”?
Any sign, including words, devices, alphabet letters, numbers, three-dimensional symbols, color combinations and sounds, or any combination thereof, that identifies and distinguishes the goods from others can be filed as a trademark. The applicant should determine the trademark to be filed according to his own actual conditions.
A trademark seeking registration shall be distinctive and shall not infringe upon the prior legitimate rights of others. Where a trademark application does not complies with the relevant provisions in the Trademark Law or is identical with or similar to a registered trademark used in connection with the same or similar goods, its registration shall be refused by China Trademark Office after examination and the mark shall not be published. Applicant can check the “Trademark Law”, “Regulations on the Implement of the Trademark Law” and “Standards for Trademark Examination and Adjudication” on trademark office’s website.
15. When shall the applicant pay the fee of application for a trademark registration? Does the applicant need to pay extra fees when getting the registration certificate?
The fee of trademark application shall be paid when presenting the application documents There is no other fee to pay when when getting one’s registration certificate.