CNIPA's answers for foreign applicants

Notarization is not mandatory, subject to examination of the specific case.

Authentication is required.

For applications by foreign applicants to register a geographical indication as a certification mark or collective mark, the relevant materials generated abroad must go through authentication before they are submitted. These materials include: the proof of the applicant's status; proof that the geographical indication is legally protected as a geographical indication in its country of origin (which must make clear that the applicant is the right holder); proof that the applicant has obtained the right to supervise and manage the geographical indication; and proof of the applicant's inspection capability.

If the foreign applicant is from a contracting state to the Apostille Convention (except contracting states that have objected to China's accession to the Convention), the above materials may be exempted from authentication, but the competent authority designated by that contracting state when it acceded to the Convention must issue an apostille for them.

Where the foreign applicant's attached proof of the applicant's status states a Chinese address, the "Applicant address (Chinese)" must match the Chinese address in that proof; where it does not state one, the applicant's Chinese address must match the translation of the proof of the applicant's status.

The foreign applicant must at the same time fill in, in the "Applicant address (English)" field,

the English address, which must match the address in the attached proof of the applicant's status or be an English translation of that address.

A foreign applicant's Chinese name must be fully translated into Chinese.

Where the applicant is a legal person or other organization, it must submit a copy of the registration certificate from its region or country. A copy of the registration certificate of a foreign company's office or resident representative office in China cannot serve as a copy of the identity document. Where the above documents are in a foreign language, a Chinese translation must be attached; if it is not attached, the document is treated as not submitted.

In this situation, an application for trademark registration can be made as long as there is proof of the applicant's status.

This situation requires appointing a recorded agency to handle it.

Foreigners with habitual residence in China may handle it themselves. Those filing in person at the trademark registration hall must submit the following documents: the Trademark Registration Application Form, filled in and printed as required and signed by the applicant; the trademark drawing; a copy of the applicant's identity document; and a copy of the Foreigner's Permanent Residence Permit issued by the public security authority or of a Foreigner's Residence Permit valid for one year or more.

Foreigners with habitual residence in China may also file through the online trademark application system.

Foreigners must appoint a lawfully established trademark agency to handle trademark application matters. Foreigners with habitual residence in China may handle them themselves.

These situations require appointing a trademark agency to handle them.

A Hong Kong company must appoint an agency to file a trademark license recordal application.

Where the applicant is a foreign legal person, please appoint an agency to handle it.

Where the trademark registrant is foreign, delivery is to the recipient in China it has designated.

If no recipient in China has yet been designated, or the recipient has changed, a change of document recipient must be filed promptly.

Where the trademark registrant is foreign, delivery is to the recipient in China it has designated.

Where the trademark registrant is foreign, if no recipient in China has yet been designated, or the recipient has changed, a change of document recipient must be filed promptly.

In cases such as non-use cancellation brought by a third party, where the registrant has not formally signed an agency appointment in the specific case, response notices and similar documents are delivered to the trademark registrant. If the registrant is domestic, they are delivered to its contact address registered with the Trademark Office; if the trademark registrant is foreign, they are delivered to the recipient in China it has designated.

Where renewal is handled through an agency, the approval certificate is delivered to the agency.

A change of trademark agent means applying, after the applicant has filed a trademark registration application and before that application is approved for registration, to change the agency for that registration application. A registrant from China's Hong Kong, Macao or Taiwan region, or a foreign registrant, that designates a document recipient in mainland China to receive later trademark legal documents (such as in non-use cancellation cases, cases to cancel a registered mark that has become a generic name, and invalidation cases) must file the relevant application to change the document recipient.

To change the agent in cases such as non-use cancellation, opposition, non-registration review, refusal review and invalidation, a change-of-agent application must be filed directly with the department hearing that case.

A change of trademark agent applies only to changing the agent for the registration application. If receiving later documents is the concern, domestic applicants may change the contact person; registrants from China's Hong Kong, Macao or Taiwan region and foreign registrants may change the document recipient.

File it as a change. Where a foreign company or foreigner needs to change only the Chinese name, a statement by that foreign company or foreigner applying to change the Chinese name must be provided as the supporting document for the change.

Filing online is free.

A change application may be filed; the specific conclusion is subject to examination.

In this situation, change and assignment applications may be filed at the same time.

If the Korean company has a seal, it must apply the seal.

This situation requires a trademark transfer.

In this situation, it is enough to provide proof showing that Company A has been dissolved and absorbed by Company B through merger.

Full-text translation is recommended.

The heir may simply respond during the assignment process.

The assignment and the response may be filed at the same time.

For the response: the registrant's death certificate, proof of the family relationship between the registrant and the heir, and the non-use cancellation response documents.

For the assignment application: the registrant's death certificate, proof of the family relationship between the registrant and the heir, a copy of the heir's ID card or passport (with translation), and the notarized inheritance certificate or a court judgment.

The registration certificate has no English version.