CNIPA's answers on marks and how to use them

Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark approved for registration and the approved goods. If you need to use them separately, it is recommended that you apply for them separately.

1. When applying for trademark registration in a company's name, enter the company's full name as the applicant;

2. In this situation, separate trademark registration applications may be submitted. The trademark image may be words, a graphic, or a combination of graphic and words.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the approved goods. Where the sign of a registered trademark needs to be changed, a new registration application shall be filed.

Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark approved for registration and the approved goods.

Article 24: Where the sign of a registered trademark needs to be changed, a new registration application shall be filed.

A registered trademark may not be altered. Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark approved for registration and the approved goods.

Under Article 24 of the Trademark Law, where the sign of a registered trademark needs to be changed, a new registration application shall be filed.

Each trademark right is independent. A new application shall be examined under the current examination standards, and the examination of a new application will not cite the same applicant's earlier registered trademark.

Trademarks applied for by the same applicant (the same entity) are not judged similar and will not be affected by the earlier trademark. One entity may register trademarks in multiple fonts.

Under Article 31 of the Trademark Law, where two or more trademark registration applicants apply to register identical or similar trademarks on the same or similar goods, the trademark applied for first shall receive preliminary approval and be announced; where the applications are filed on the same day, the trademark used first shall receive preliminary approval and be announced, and the applications of the others shall be refused and not announced.

TM is the abbreviation of the English word "trademark" and is not a statutory registration symbol. ® is the statutory symbol of a registered trademark. As long as ® is marked on a trademark, this indicates that the trademark has been approved for registration by the Trademark Office and is a registered trademark.

Article 63 of the Implementing Regulations of the Trademark Law of the People's Republic of China: When using a registered trademark, the words "registered trademark" or a registration symbol may be marked on the goods, the goods packaging, the instructions or other attached items. Registration symbols include ㊟ and ®. A registration symbol shall be placed at the upper right or lower right corner of the trademark. For inquiries about the specific use of a trademark, please consult the market regulation authority.

Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark approved for registration and the approved goods. It is recommended that the trademark be used after it has been successfully registered.

Registering a color trademark does not require uploading a black-and-white image.

A color combination mark is a trademark consisting of two or more colors. An application to register a color combination shall declare this in the application form, that is, tick "Apply for trademark registration as a color combination" in the "Trademark application declaration" field, and paste a colored image in the trademark image box.

A trademark with designated colors is one whose trademark image consists of colored words, graphics or a combination of them. When applying, do not tick "Apply for trademark registration as a color combination"; simply paste a colored image in the trademark image box.

When applying to register a color combination, in addition to the declaration required in the application form, note the following:

(1) The constituent elements of a color combination mark are two or more colors. In an application to register a color combination, the trademark image shall be color blocks showing how the colors are combined, or a graphic outline showing where the colors are used. That graphic outline is not a constituent element of the trademark and must be shown in dotted lines, not solid lines.

(2) An application to register a color combination shall include a written description, state the color codes and explain how the trademark is used. The written description, color codes and manner of use shall be entered in the "Trademark description" field.

1. The power of attorney must be consistent with the trademark sign.

2. Where a trademark contains Chinese characters and English letters, enter the main part of the wording as the trademark name; examination is based on the trademark image actually uploaded. Where a trademark is in or contains a foreign language, its meaning shall be explained in the trademark description.

Where a trademark image contains a person's portrait, an authorization statement from the portrait right holder must be provided, together with a copy of the holder's identity card signed by the holder.

Where a natural person applies to register a trademark using their own portrait, this must be explained, and no authorization statement needs to be submitted.

It is sufficient to submit the authorizer's name and portrait authorization (the front and back of the authorizer's identity card and the authorization statement must be put on one page, signed by the authorizer) with the registration application.