1.How to fill in the “Applicant Name”?
The applicant shall write the name on the identification document. The applicant’s name should be identical with the stamp (signature) stamped or signed on the application form as well as with the name indicated on the identification document.
If the applicant is a natural person, his or her identity card number should be marked after the name.
A foreign applicant shall write the English name in the column of “Applicant Name (English)”.
For a joint application, the applicant shall fill in the column of “Application”s Name” with the designated representative. Other joint applicants’ names shall be filled in the column of “Other joint applicants’ name” in the attachment page. The first name in the order will be taken as representative if there is no designated representative.
2.How to fill in the “Applicant’s Nationality/Area ”?
An applicant shall fill in this column with its own nationality or area. Domestic applicants do not need to complete this column.
3.How to fill in the “Applicant’s Address”?
The applicant shall complete the address according to the identification document. The detailed geographical name of administrative divisions for provinces, cities and counties etc should be added if they are not indicated on the identification document.
If applicant is a natural person, the address for communication can be filled in. A foreign applicant who is qualified to file trademark applications independently should fill in the detailed geographical name of administrative divisions of provinces, cities, counties etc.
A foreign applicant who is not qualified to file trademark applications independently should fill in the Chinese and English addresses.
4.What is “Domestic Recipient”? How to fill in this column?
The three columns of “Domestic recipient of foreign applicant”, “domestic recipient’s address”, “post code” shall be completed by foreign applicants. A foreign applicant should designate domestic recipient to receive legal papers sent from China Trademark Office and Trademark Review and Adjudication Board. The recipient’s addresses should be detailed to indicate the provinces, cities, counties and other adminiatrative divisions.
A domestic applicant do not need to complete the column.
5.Is the “domestic recipient’s address” a communication address？Do we need to complete the column?
“Domestic recipient’s address” is the address of domestic recipient designated by a foreign applicant, not the comminication address of the applicant. A domestic applicant do not need to complete this column. Recently, documents of the Trademark Office are sent to the applicant’s address by means of registered mail. The documents will be delivered to the trademark agency if the applicant entrusts one.
6.What is “Trademark application declaration”and how to complete this column?
Where an applicant files for a collective mark, certification mark, three-dimensional mark, mark of colour combination and sound mark, and where two or more applicants jointly file one application, this column should be filled in to indicate such facts. Applicants shall choose based on the application content and attach relevant documents.
7.What is the “priority based on first application” and how to complete this column?
Based on Article 25 of China Trademark Law, an application for registration of a mark filed by a party that has previously duly filed an application to register the same mark in connection with the same goods in a foreign country shall be accorded priority in accordance with any agreement concluded between the PRC and the foreign country concerned, or with the international treaty to which both countries are parties, or on the basis of the principle of reciprocity, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country.
Where the applicant asks for priority on basis of Article 25 of China Trademark Law, it should choose this column of “priority based on first application” and complete columns of “application/exhibition country/area”, “application/exhibition date”, “application number”. Meanwhile, the applicant shall submit priority documentary evidence (original and Chinese translation). If the priority documentary evidence cannot be submitted simultaneously with the application form, the applicant shall choose “priority documentary evidence will be supplemented later” and submit the related materials within three months from the day of application. An applicant who fails to claim priority in writing or to submit priority documentary evidence by the specified time shall be deemed as not claiming priority.
Priority documentary evidence is a copy of the original trademark application form. The copy shall be certified by the Trademark Authority, and indicates the date and application number.
Applicant of Taiwan, when applying for trademark registration and asking for priority in Taiwan, should use “Trademark Registration Application Form (exclusive for Taiwan applicants)”.
8.If the first application outside China Mainland is designated in several classes for one mark, can the applicant file the applications in the form of one-mark-one-class and ask for priority? How many piecess of priority documentary evidence are required?
When priority is claimed on basis of Article 25 of China Trademark Law, and where the applicant files several applications on basis of one same priority filing, it can submit one priority certification document in one of the applications and mark in other application forms the specific application form to which a priority certification document is attached. If the priority certification document is supplemented within three months as of the application date, a statement indicating all the trademark application numbers claiming priority on basis of this piece of document should be attached.
9.If the first application outside China Mainland is filed in the form of one-mark-one-class (several applications filed for one mark in different classes in one day) , can the applicant files for one mark designating several classes in one application and ask for priority?
When priority is claimed on basis of Article 25 of China Trademark Law, the applicant can claim priority based on several first applications filed in the same country, same date and same mark. It needs to fill in the filing numbers in order and attach priority certification documents for all the numbers.
10.Can we ask for priority if the mark was used in exhibition and how to complete the related columns?
According to Article 26 of China Trademark Law, where an applicant uses a trademark for the first time on goods displayed at an international exhibition organized or recognized by the Chinese Government, it may claim priority provided it files an application to register the mark within six months from the date of the exhibition.
Where the applicant asks for priority on basis of Article 26 of Trademark Law, it should choose this column of “priority based on exhibition” and complete columns of “application/exhibition country/area”, “application/exhibition date”, “application number”. Meanwhile, the applicant shall submit priority documentary evidence (original and Chinese translation). If the priority documentary evidence cannot be submitted simultaneously with the application form, the applicant shall choose “priority documentary evidence will be supplemented later” and submit the related materials within three months from the day of application. An applicant who fails to claim priority in writing or to submit priority documentary evidence by the specified time shall be deemed as not claiming priority.
Priority documentary evidence shall include the name of the exhibition, evidence proving the use of the mark on the goods displayed, and the date of the exhibition. Generally, the priority documentary evidence is provided or certificated by the holder of the exhibition.
11.How to fill in “trademark description?
The applicant shall fill in these columns based on the actual condition. Trademark using method should be stated if the trademark is applied as three-dimensional symbol or sound mark. Word description, color code and way of how to use the mark should be submitted when the trademark is applied as colour combination.Meaning of the mark should be indicated if the trademark is in foreign language or including foreign word. When a natural persons applies for trademark registration with his or her own portrait, a statement of the fact of should be made. Where an applicant applies for trademark registration with other’s portrait, a statement from the portrait person should be submitted.
Anything that the applicant believes should be stated, it can fill in the details in this column.
12.How to fill in “class”, “goods/service items”？
The applicant can apply the same trademark for goods in different classes. The applicant shall fill in the class and goods/service items based on “ Classification Book of Similar Goods and Services” issued by China Trademark Office. Goods/service items should be completed based on the corresponding class and serial number of the class should be marked in front of items in this class. Where there is no sufficient room for writing all the goods/service items, an attached page could be used. After all the classes and items are included, mark “End” at the end of the list.
Detailed names of the goods/service items should be filled in the related column in the application form (item names marked by 6-number code in the Classification book). Titles of the classes and names of the subclasses (4-number code) cannot be filled in this column.
13.What is Nice Classification? What’s “Classification Book of Similar Goods and Services”?
“International Classification of Goods and Services for Trademark Registration ”(Nice Classification) was formulated based on Nice Agreement reached by Nice diplomatic Conference on June, 15th, 1957. Each member state of Nice Agreement is obliged to use Nice Classification when applying for trademark registration. And each member state should illustrate the numbers of international classs of goods/services in the official documents and publications related to trademark registration. China joined the Nice Agreement in 1994.
“Classification Book of Similar Goods and Services” is editted and issued by the responsible trademark departments for needs of trademark search, examination and administration. The related authorities summed up practical experience over many years, sought for opinions of different departments and combines the goods/service which have specific connection and are easy to cause confusion. “Classification Book of Similar Goods and Services” can be a reference for judging similar goods or services by trademark examiners, trademark agents and trademark registration applicants, and also can be a reference for judging similar products or services when handling trademark adjudication cases used by administrative and judicial branches.
14.How to choose the class to be covered in the application?
“Classification Book of Similar Goods and Services” inherits the system of “International Classification of Goods and Services for Trademark Registration ”(Nice Classification). The title of every class in the book generally indicates the range of its products/services, and the notes of every class provide methods to classify goods and services. Applicants can confirm the class on basis of the title and notes of every class.
After examination, the Trademark Office will issue a amendment notice to the applicant if the class is not correct or the name is not standard.
15.What are the principles of classification of products? Where can they be found？
“International Classification of Goods and Services for Trademark Registration ”(Nice Classification) provides general principles of classification for goods and services, and the applicant can refer to it for basic knowledge. Generally speaking, the products and services listed in the class title constitute the common names for the general scope of these goods or services. So the applicant should check the classification arranged in alphabetical order to classify each goods and service item. If a certain item cannot be classified according to the classification book (arranged by classes, notes and alphabetical order ), the applicant can refer to the following as the classification standards：
(1)Manufactured products are generally classified according to its function or purpose of use. If all the classification titles are not related to a certain manufactured product’s function or purpose of use, this product will be classified according to the other similar manufactured product in the alphabetical order classification. If there are no similar products, it could be classified according to secondary standards, such as classification by raw material or operation method of manufactured products.
(2)Multifunctional manufactured products (such as a composite product of clock and radio) can be sorted in all categories corresponding to the function or use of its components. If all classification titles do not involve such function and purpose, the classification standard mentioned in No. (1) could be adopted.
(3)Raw materials, unprocessed products and semi-manufactured products will be classified according to its constituents in principle.
(4)Where a goods is a part of other product and the goods cannot be used for other utility, this goods generally should be classified in the same class with the products. Other situations should refer to the classification standards mentioned in No. (1).
(5)Manufactured product or non-manufactured product should be classified according to its main raw material if it is made of several different raw materials, when the products are should be classified by raw materials.
(6)Specific containers for holding goods shall be classified in the same class with the goods in principle.
16.What are the classification principles of services? Where can they be found？
“International Classification of Goods and Services for Trademark Registration ”(Nice Classification) provides general principles of classification for goods and services, and the applicant can refer to it for basic knowledge. Generally speaking, the products and services listed in the class title constitute the common names for the general scope of these goods or services. So we should check the classification arranged in alphabetical order to classify each goods and service item. If a certain item cannot be classified according to the classification book (arranged by classes, notes and alphabetical order ), we have refer to the following as the classification standards：
(1)Services usually are classified according to the industries indicated by the titles and notes in the service classes. If not included, it can be classified according to other similar service in the alphabetical order classification.
(2)Rental service generally should be classified in the same class with service achieved by this specific let (such as rental of telephone is classified in the class 38) . Leasing service is similar with rental service and shall adopt the same classification principle. But financial lease is financial service and should be classified in class 36.
(3)Services of providing advice, information or consultation generally is classified in the same class with the matters involved, such as transportation consultation (class 39), business administration consultation (class 35), financial consultation (class 36), cosmetic consultation (class 44). If such service is provided in electronoic means(such as telephone and computer), the classification standard will not be affected.
(4)Services related to the licensing of goods/services generally should be classified in the same class with the service provided by the licensee (such as commercial administration of the licensing of the goods and services of others (class 35), financial service of the licensing of the goods and services of others (class 36), legal service of the licensing of the goods and services of others (class 45).
17.Are there any relationship between items in classification book? How can I choose when, for example, there are both "furniture" and "metal furniture" in Class 20?
In “International Classification of Goods and Services for Trademark Registration ”(Nice Classification), although there is inclusion or cross relationship between items in the same class, the concept of the item is not defined. The names of goods and services listed in the classes are for illustrating the classification of different goods and services in order to give classification reference to applicants when applying for trademark registrations. Here we will take “furniture”, “metal furniture” in Class 20 for example. Some goods are classified according to raw material in Nice Classification, such as metal construction material belongs to class 6, and non-metal construction material belongs to class 19. But furniture is not classified according to raw material and furniture made of all kinds of materials belongs to class 20. In order to clearly illustrate that metal-made furniture belongs to class 20, there is “metal furniture” in class 20 besides “furniture”.
“Classification Book of Similar Goods and Services” followed the system of “International Classification of Goods and Services for Trademark Registration ”(Nice Classification). Applicants can choose item names based on actual situation.
18.How to confirm the name of goods?
“Classification Book of Similar Goods and Services” inherits the system of “International Classification of Goods and Services for Trademark Registration ”(Nice Classification). The title of every class in the book generally indicates the range of its products/services, and the notes of every class provide methods to classify goods and services. As for goods and services which are not listed in the Book, applicants can refer to the title and notes of each class in “Classification Book of Similar Products and Services” to confirm the class. Applicants should use specific, accurate, standard names according to classification principles and avoid using goods and services item names which are vague, too broad and unable to classify its classes or sublasses. On the one hand, the name should be clear, accurate and accord with the language habits and characters usage rules of the public. On the other hand, it should be distinguishable from other classes of goods or services and should not result in confusion or mistake.
Example 1: “notebook” is usually referred to as “laptop” in computer industry. It is a non-standard abbreviation. Under the normal condition, “notebook” refers to paper stationary and belongs to class 16. In Class 9, you should use the item “laptop” or “notebook computer” for filing.
Example 2: “Electrical machinery” refers to power-generating or power-driven machine, including electric generator or electric motor. According to the classification principle at present, “electric generator”belongs to class 7, and electric motor is divided into “electric motor for land vehicles” and “electric motor, other than for land vehicles”. The former belongs to class 12 and the latter belongs to class 7. So “electrical machinery”, “electric motor” are non-standard goods names.
Example 3: “cooked food”. Most cooked food belong to class 29, but each belongs to different subclasses, such as cooked pork belongs to 2901 subclass, cooked fish belongs to 2902 subclass, cooked fruit belongs to 2904 subclass, cooked vegetable belongs to 2905 similar group. So the goods name “cooked food” is non-standard.
The applicant shall use specific, accurate and standard goods names in the filing. After examination, the Trademark Office will issue a amendment notice to the applicant if the class is not correct or the name is not standard.
19.Requirements of trademark sample
Print or paste a trademark sample at the prescribed location of the application form. The trademark sample should be clear. The length and width should not be longer than 10cm, not less than 5cm.
The applicant shall submit a coloured sample and a black and white copy when applying for a colour combination mark or a mark with colours. If you do not specify any color, a black and white sample will be sufficient. The black and white copy required for colour combination mark and trademark with colours shall be re-editted and clear, and you cannot simply copy the original sample. The applicant do not have to submit this black and white copy when applying for registration. The Trademark Office will inform the applicant to make an additional submission of the same if it is needed for examination.
The applicant shall submit a coloured sample and a black and white copy (The applicant do not have to submit this black and white copy when applying for registration. The Trademark Office will inform the applicant to make an additional submission of the same if it is needed for examination.) when applying for a colour combination mark or a mark with colours. If you do not specify any color, a black and white sample will be sufficient.
The applicant shall submit a sample which can indicate the three-dimensional shape when applying for three-dimentional trademarks. And the sample should include at least views from three different sides.
The applicant shall describe the sound in the form of a staff spectrum or a simple spectrum with word description when applying for sound marks. Word description should be submitted when the sound mark cannot be described in the form of a staff spectrum or a simple spectrum. Trademark description should accord with the sound sample.
20.What are the requirements for filing a three-dimensional trademark?
A trademark composed of a three-dimensional device usually is called as three-dimensional mark. The applicant shall mark at the column of “applying for a three-dimensional mark” in the applicant form when applying for a three-dimensional mark, and shall illustrate the usage of trademark in the column of “trademark description”. One trademark sample should be printed or pasted in trademark sample frame.
The applicant shall submit a sample which can indicate the three-dimensional shape when applying for three-dimentional trademarks. And the sample should include at least views from three different sides.
21.What are the requirements for filing a colour combination mark?
A colour combination mark is a trademark consisting of two or more colors, and the elements of the mark are colors. The applicant shall mark at the column of “applying for a color combination mark” in the applicant form when applying for a color combinaton mark, and shall illustrate the color name and code as well as the usage of trademark in the column of “trademark description”. One trademark sample with colours should be printed or pasted in trademark sample frame.
The sample for a colour combination mark shall be colour blocking showing the combination of colours or outline of a device showing how the colours are distrubuted. This outline is not a composing element for the mark so it should be drawn with dotted line but not solid line.
22.Do we need to make a statement when filing for a trademark in colours? How to complete the applicant form?
There is no need to make a statement when applying for a coloured trademark. One trademark sample with colours should be printed or pasted in trademark sample frame.
23.What are the requirements for filing a sound mark?
The applicant shall mark at the column of “applying for a sound mark” in the applicant form when applying for a sound mark, and shall illustrate the usage of trademark in the column of “trademark description”.
In addition, one trademark sample should be printed or pasted in the trademark sample frame to describe the sound mark. In detail, the mark sample should describe the sound mark in the form of a staff spectrum or a simple spectrum with word description. Word description should be submitted when the sound mark cannot be described in the form of a staff spectrum or a simple spectrum.
Note: the whole trademark description (including the staff spectrum or the simple spectrum, and word description) shall be made in a trademark sample.The description shall be accurate, complete, objective and easy to understand. Trademark description shall accord with sound sample. For example, trademark description shall illustrate lyrics if there are lyrics in sound sample. In addition, the music title is needed in the staff spectrum or the simple spectrum.
A sound sample is needed for filing a sound mark. Audio files of sound sample should be stored in CD-ROM and there should be only one audio file in the disc. The audio file for sound sample should be less than 5MB in the form of wav or mp3.
Note: Trademark description shall accord with sound sample.
24.What is way of use for trademarks? When do we need to fill in this column?
Simply speaking, way of use for trademarks is the way how the applicant use the trademark on products. For example, the shape of candy manufactured by the applicant is in a kind of special three-dimensional shape, so the applicant can write “the three-dimensional mark is used in the shape of the candy” as way of use for trademark when applying for a three-dimensional mark on “candy” in class 30.
When applying for trademark registration with three-dimensional mark, colour combination, and sound mark shall illustrate way of use for trademarks in the column “trademark description”.
25.Are there any requirements when applying for trademark with portrait?
When applying for trademark registration with others’ portrait, the applicant should illustrate such fact in the applicant form and submit the person’s declaration of authorization. The declaration shall include the portrait used as trademark sample.
When applying for trademark registration with his or her own portrait, the natural person applicant should such fact in the applicant form. No declaration of authorization is needed. If the figure in trademark sample is not the portrait of a real person but a fictitious figure, such fact shall be illustrated in the column of “trademark description”.