CNIPA's answers on who can apply

Yes. An applicant who is a natural person must submit a copy of a valid identity document, such as an identity card, passport or household registration certificate, together with a copy of an Individual Business License or of a rural land contracting agreement.

After the Trademark Law was amended in 2001, there was in practice no restriction on who could apply, but large numbers of bad-faith pre-emptive filings and trademark speculation followed. The Trademark Office therefore issued the Notes for Natural Persons Filing Trademark Applications in 2007. Under Article 4 of the Trademark Law, only natural persons with business qualifications, such as individual businesses and rural contracting households, may apply to register a trademark. That article stresses that only natural persons, legal persons or other organizations genuinely engaged in production and business activities may apply, and the legislative intent has not changed.

No. The application can only be filed in the company's name.

You can apply in the company's name, and once the mark is registered the company can use it in its own name. If the application is made in your personal name, the exclusive right belongs to you personally, and for another entity to use the mark an assignment or a license recordal must be filed.

No.

An applicant that is an individual business may file in the trade name registered on its Individual Business License, or in the name of the operator registered on the license. The applicant type should be "natural person".

No.

A domestic natural person must submit a copy of a valid identity document, such as an identity card, passport or household registration certificate, together with a copy of an Individual Business License or of a rural land contracting agreement. If the materials are complete, the person can apply.

Yes, provided it can supply proof of status that meets the requirements.

Government bodies may not apply for trademarks. The basis is Article 4 of the Trademark Law.

Yes.

Besides the application form and a sealed copy of its proof of status, it needs a statement from the local government agreeing to the applicant's use of the mark.

Where the proof of status shows two names and two seals, choose one of the names as the applicant's name and apply the seal that corresponds to it.

No. A sealed copy of a business license in normal status must be submitted.

It can file a trademark application.

Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right.

A co-owned mark does not show the specific shares.

Yes, it is the same.

There is no limit on the number of marks a company may register, but Article 4 of the Trademark Law provides that natural persons, legal persons or other organizations that need the exclusive right for their goods or services in their production and business activities shall apply to the Trademark Office to register.

To regulate filing and maintain normal order in trademark work, we will strengthen supervision of abnormal filing in accordance with the law.

It is not restricted.

Marks that have been registered remain valid.

There is no restriction.

Examination of a trademark application goes by the business scope on the business license the applicant provides.