Part I Ways, application documents and fees of trademark applications in China
1.Different ways to file trademark applications
A domestic applicant in China may 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:
A printed form of “Application for Trademark Registration” with applicant’s signature;
Sample of trademark;
A copy of business license for individual business;
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:
A printed form of “Application for Trademark Registration” with the applicant’s stamp;
Sample of trademark;
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:
A printed form of “Application for Trademark Registration” with applicant’s signature;
Sample of trademark;
A copy of identification document of applicant;
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:
A printed form of “Application for Trademark Registration” with applicant’s signature;
Sample of trademark;
A copy of identification document of applicant;
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.
Part II How to fill in the form of Application for Trademark Registration
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”.
Part III Trademark Amendment
1.How to reply to the amendment notice? Do I need to pay extra fees?
The amendment notice will list the matter which needs modification and there are specific “instructions of goods/services items amendment” on the back of the notice. Applicant shall fill it out according to amendment requirement and instructions, and send it to the Trademark Office. No extra fee is needed for replying to the amendment notice.
2.Do I need to paste a new trademark sample when the trademark itself should be amended?
Whether a new trademark sample is needed depends on the amendment content described in the notice. If a new sample is needed, the applicant then should print or paste the new trademark sample in the place required. For a colour combination mark or a common mark with colours, a coloured sample should be submitted. For a mark designated with no colour, the applicant should submit a black and white sample.
3.How to reply to the amendment notice when a copy of the source of writing method for the characters in the applied mark is required to be submitted?
The applicant shall submit a copy of the pages in formal publications such as dictionaries, calligraphy copybook. The writing of the characters in the copy of source should be consistent with that in the trademark sample.
If the words are designed by the applicant itself, such fact should be indicated in the reply..
4.How to correct the non-standard goods name?
The name of goods shall be specific, accurate and standard to illustrate the protection scope of trademark clearly. Applicants shall use the the name of goods and services in “Classification Book of Similar goods and services”. If the applicant does not want to use the existing items in the Book, it shall use specific, accurate and standard names according to classification principle and avoid using goods and services item names which are vague, broad and insufficient to classify its classes or subclasses.
On the one hand, the name should be clear, accurate and accord with the language habits and characters usage rules of the public. For example, the applicant should not use the terms of “not belonging to other classes”, “belonging to this class”, “the above goods” and should avoid using the expression of “……, namely ……”. The applicant should use broad terms of “accessories of ×××”, “parts of ×××” but to use the specific goods names.
On the other hand, the applicant needs to distinguish the adopted item names from other classes in order not to cause confusion or mistake. For example, “holiday camping service” is cross-class term. “Holiday camping entertainment service” belongs to class 41 and “holiday camping accommodation service” belongs to class 43.
5.I already submitted goods description in the filing and why the Trademark Office still issues an amendment notice?
Goods description is helpful for the Trademark Office to judge goods’ classes and subclasses. But it does not mean that the name of goods could be accepted as long as a goods description is submitted. For example, “home appliances” is a commonly-used term for the products in daily life but it cannot be used for trademark registration because it is too broad and involves several classes in the Classification Book. In addition, multifunctional products can be classified in different classes on basis of the functions. Applicants can confirm the class based on its own actual conditions and choose one or more classes. The applicant shall use specific, accurate and standard names according to classification principles and avoid using goods and services item names which are vague, broad and insufficient to classify its classes or subclasses.
6.How to correct the non-standard names which are commonly used in the related industries?
The name of goods shall be specific, accurate, standard to indicate the protection scope of the trademark clearly. For example, “notebook” is usually referred to as “laptop” in computer industry. It’s 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. Another example, “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. Applicant shall use specific, accurate and standard goods names in the filing.
7.I used the item names of a prior registered mark but I still received an amendment notice notifying that the item names are not standard. How to reply to the notice?
The standard of goods classification is not unchangeable and the Nice committee of experts on classifications revises the Nice Classification regularly. Applicant shall file the application on basis of the latest version of Nice Classification.
8.This year the new edition of classification book is issued. I filed the trademark application in the last year, can I revise to the items added in the new classification book when replying to the amendment notice?
Trademark applications filed before the issurance of new edition of classification book, the applicant shall adopt the classification principles as in the old edition.
For example, in the 2015 edition of “Classification Book of Similar Goods and Services”, “entomological pins” belongs to class 16. The 10th version of the Nice Classification added the item “entomological pins” in class 26 in 2016. Accordingly, 2016 edition of “Classification Book of Similar Goods and Services”, the item “entomological pins” is added in Class 26 and deleted in Class 16. If the applicant filed the application in 2015 and received an amendment notice in 2016, and if it wants to use the item “entomological pins”, it should file the term in Class 16 rather than Class 26.
9.I filed one trademark application with three classes and only one class needs to be modified. If the modification is not accepted, are there any influences for the other two classes?
If the applicant does not reply to the amendment notice within the required deadline or the reply does not meet the requirements, the Trademark Office will reject to accept the trademark application. The rejection notice is made to the whole trademark application of the other two classes will also be rejected, and the filing date of the application will not be retained.
10.When will the amendment period start counting if I directly received the amendment notice from the registrational hall of Trademark Office?
According to the regulations of the “Regulations on the Implement of the Trademark Law”, Where any document is sent to an interested party by the Trademark Office, the date of receipt shall be the date of receipt indicated b]- the postmark on which the interested party receives it if it is sent by post; where the date of Posting indicated by the postmark is i1legible, or where there is no postmark. the document shal1 be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receipt shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served by making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been served.
When the applicant receives the amendment notice in the registration hall, if China Trademark Office has not made an announcement or if the announcement is made no more than thirty days, the receiving date of the notice will be noted as the day of delivery. If the announcement is made for more than thirty days, the 31th day as of the public announcement will be regarded as the day of delivery.
Part IV Other questions
1.What are the procedures if the application is fied directly the registration hall of China Trademark Office? When will the applicant get the official filing receipt after the application?
The staff in duty will examine the application documents. The application documents will be returned immediately if the application procedures are not complete, the documents are not filled according to the requirements, or the filing fees are not paid. If complied with the requirements, the staff will accept the documents and the applicant needs to pay the filing fees in the hall. After that China Trademark Office will further examine the submitted documents.
If the documents pass the further examination, China Trademark Office will formally accept the application. And an official filing receipt will be mailed to the applicant.
If the documents generally comply with the requirements but some matters need to be modified, China Trademark Office will issue an amendment notice to the applicant. And the applicant should reply to this notice within 30 days as receipt of the notice. If the reply is submitted within the deadline, the filing date will be retained. But if the reply is not submitted within the deadline or the reply does not comply with the modification requirements, China Trademark Office will reject to accept the trademark application.
The amendment notice, official filing receipt, official rejection notice for accepting the trademark application will be mailed to applicant.
2.What are the procedures of trademark application filed through a trademark agent? When will the applicant get the filing receipt after the application?
China Trademark Office will examine the application documents after receiving the same from the agent. The application will be accepted if the procedures are complete, the documents are filled according to the requirements and the filing fees are paid. The application will be rejected of acceptance if the application procedures are not complete, the documents are not filled in according to the requirements, or the filing fees are not paid.
If the documents generally comply with the requirements but some matters need to be modified, China Trademark Office will issue a amendment notice to the applicant. And the applicant should reply to this notice as required within 30 days as receipt of the notice. If the reply is submitted within the deadline, the filing date will be retained. But if the reply is not submitted within the deadline or the reply does not comply with the modification requirements, China Trademark Office will reject to accept the trademark application.
The amendment notice, official filing receipt, official rejection notice for accepting the trademark application will be mailed to the trademark agent.
3.Why sometimes it takes long time to get the official filing receipt？
After May 1, 2014, China Trademark Office adjusted the acceptance examination procedures of trademark application according to the modified “Implementing Rules of Trademark Law”. Procedures such as scanning the mark sample, information input, confirming the device code, classifying the goods/service items, confirming the payment are adjusted before issuance of the official filing receipt. Under the situation where amendment is required, the filing receipt will be issued after receiv