Formal Requirements for Filing Trademark Applications in China
- An instruction letter indicating the applicant’s detail, i.e. its nationality, name, address and the Chinese translation thereof.
- The classes in which registration is sought.
- Specific of all the goods or services sought to be covered in each registration.
- Details of the priority application (if appropriate).
- A certified priority document and its English translation, if it is not in English.
- A specimen (5-10cm) of the mark, if it is in black and white. 8 color copies and two black and white copies if the mark claims color protection.
- A signed Power of Attorney; no legalization or notarization is required.
- A copy of the applicant’s passport if the applicant is an individual instead of a company.
Time frame for trademark registration in China
- From filing to the issuance of official receipt: three months;
- Preliminary examination: twelve to eighteen months;
- Publication period: three months;
- Time for issuance of certificate: one month.
Certificate Mark Applications
- Certificate qualifying the subject, notarized.
- The Administrative Regulations on Use of Certificate Mark stipulates:
– The object of using the certificate mark;
– The unique qualities and features of the goods/services using the certificate mark;
– Conditions of using the certificate mark;
– Procedures of using the certificate mark;
– Rights and obligations of using the certificate mark, and liabilities when violating the Regulations. - Certification issued by the pertinent Government department concerned testifying that the applicant has the ability of testing and supervising the qualities of the said good/services.
Collective Mark Applications
- Certificate qualifying the subject, notarized.
- The Administrative Regulations on Use of Collective Mark stipulates:
– The object of using the collective mark;
– Members using the collective mark;
– The qualities of the good/services;
– Conditions of using the collective mark;
– Procedures of using the collective mark;
– Rights and obligations of members using the collective mark, and liabilities thereof when violating the Regulations.
Renewal Requirements
- A Power of Attorney in duplicate (one original); no notarization is required if reciprocity exists.
- The original certificate of the Chinese registration.
- Ten prints of the mark of maximum size of 10 x 10 cm, and of minimum size of 5 x 5 cm.
- Legalized photocopy of the certificate of renewal in the home country, or, if the home registration has not yet been renewed, a legalized copy of such registration showing that the same is still in force if no reciprocity exists.