Trademark application FAQ

A. Filing routes, application documents, official fees, and related matters

B. Completing the trademark application form

C. Correcting a trademark application

D. Other questions

A domestic applicant has two ways to apply for trademark registration or handle other trademark matters: on its own, or through a trademark agency recorded with the CNIPA Trademark Office. An applicant filing on its own may file online through the online service system. See "China Trademark Website > Online Application" for how to submit. System address: https://sbj.cnipa.gov.cn/sbj/wssq/. It may also file at the CNIPA Trademark Registration Hall, at a Trademark Examination Cooperation Center set up by the Trademark Office outside Beijing, or at a trademark service window set up by a local market regulation or intellectual property department on behalf of the Trademark Office.

A foreign person or foreign enterprise applying for trademark registration or handling other trademark matters in China shall appoint a lawfully established trademark agency, except a foreign person or foreign enterprise with a habitual residence or place of business in China.

The two routes make no difference to how the application is examined. The main differences are slight ones in how contact takes place, which documents are submitted, and how documents are filed and delivered.

On contact: an applicant filing on its own deals directly with the CNIPA Trademark Office. An applicant using a trademark agency deals with the Trademark Office through the agency, not directly.

On documents: an applicant filing on its own submits the relevant documents as required. An applicant using a trademark agency also submits a power of attorney appointing the agency to handle the trademark registration.

On filing: an applicant filing on its own, or the person handling the filing, delivers the application documents directly to the CNIPA Trademark Registration Hall (or to a Trademark Examination Cooperation Center set up by the Trademark Office outside Beijing, or a trademark service window set up by a local market regulation or intellectual property department on behalf of the Trademark Office). The applicant may also file through the online application system. An agency may deliver the documents to CNIPA directly, by post, or through a courier company, or file through the online application system.

On delivery: if the applicant files on its own, the Trademark Office's documents are delivered to the party. If a trademark agency is appointed, they are delivered to the agency.

Staff at the Trademark Registration Hall first check the application documents. If the formalities are incomplete or the documents are not completed as required, the documents are returned on the spot. If they basically comply, they are received. The Trademark Office then examines them further.

If the further examination is passed, the Trademark Office issues a Payment Notice, accepts the application once the applicant has paid, and issues a Notice of Acceptance (《商标注册申请受理通知书》). If the documents basically comply but need correction, the Trademark Office notifies the applicant to correct them. The applicant shall make the specified corrections and return them to the Trademark Office within 30 days from receipt of the notice. If they are returned in time, the filing date is kept. If they are not made in time or not made as required, the Trademark Office does not accept the application.

The Correction Notice (《商标注册申请补正通知书》), Notice of Non-Acceptance (《商标注册申请不予受理通知书》), Payment Notice (《商标注册申请缴费通知书》), and Notice of Acceptance are all delivered to the applicant by post. If the applicant gave a contact address, they go to that address. If not, they go to the address in the applicant address field.

At a trademark service window, the applicant files the application online. Window staff first check the application documents. If they basically comply, the documents are received through the online service system. The Trademark Office then examines them further.

If the further examination is passed, the Trademark Office issues a Payment Notice and accepts the application once the applicant has paid. If the documents basically comply but need correction, the Trademark Office notifies the applicant to correct them. The applicant shall make the specified corrections online through the online service system within 30 days from receipt of the notice. If they are returned in time, the filing date is kept. If they are not made in time or not made as required, the Trademark Office does not accept the application.

The Correction Notice, Notice of Non-Acceptance, Payment Notice, and Notice of Acceptance are delivered to the applicant electronically and can be viewed through the email address given in the application.

After receiving the application documents from a trademark agency, the Trademark Office examines them. If the formalities are complete, the documents are completed as required, and the fee is paid, the Trademark Office accepts the application. If the formalities are incomplete, the documents are not completed as required, or the fee is unpaid, it does not accept the application. If the formalities are basically complete or the documents basically comply but need correction, it notifies the applicant to make the specified corrections and return them to CNIPA within 30 days from receipt of the notice. If they are returned in time, the filing date is kept. If they are not made in time or not made as required, the Trademark Office does not accept the application.

The Correction Notice, Notice of Non-Acceptance, Payment Notice, and Notice of Acceptance are delivered to the trademark agency.

A domestic natural person filing directly shall submit: a Trademark Registration Application Form completed and printed as required and signed by the applicant, the trademark image, a copy of the individual business license, and a copy of the identity document. For the specific requirements for the form and image, see "China Trademark Website > Trademark Application > Application Guide".

A rural contract household may apply in the name of the person who signed its contract, limited to the agricultural and sideline products it runs itself. It shall submit a copy of the contract with the application.

A domestic natural person who meets these conditions may, after registering as a user of the trademark online application system, file through that system on their own. For the process, see "China Trademark Website > Online Application".

An applicant filing several marks at the same time needs to provide only one copy of the identity card, individual business license, or contract.

A domestic legal person or other organization filing directly shall submit: a Trademark Registration Application Form completed and printed as required and bearing the applicant's official seal, the trademark image, and a copy of the identity document. For the specific requirements, see "China Trademark Website > Trademark Application > Application Guide".

A domestic legal person or other organization may, after registering as a user of the trademark online application system, file through that system on its own. For the process, see "China Trademark Website > Online Application".

An applicant filing several marks at the same time needs to provide only one copy of the identity document (such as a duplicate business license).

A domestic legal person or other organization shall use an identity document showing its unified social credit code. An enterprise generally submits its business license. A non-enterprise may submit an identity document such as a public institution legal person certificate, social organization legal person registration certificate, private non-enterprise unit registration certificate, foundation legal person registration certificate, or law firm practice license.

Note that a periodical permit, school operating permit, or health permit cannot serve as the applicant's identity document.

A representative office or liaison office cannot apply for trademark registration in its own name.

A foreign person handling a trademark application shall appoint a lawfully established trademark agency. A foreign person with a habitual residence in China may file on their own. Filing directly at the Trademark Registration Hall requires: a Trademark Registration Application Form completed and printed as required and signed by the applicant, the trademark image, a copy of the applicant's identity document, and a copy of a Foreign Permanent Resident Card or a Foreigner's Residence Permit valid for one year or more, issued by the public security authorities. For the specific requirements for the form and image, see "China Trademark Website > Trademark Application > Application Guide".

A foreign person with a habitual residence in China may also file through the trademark online application system. For the process, see "China Trademark Website > Online Application".

A foreign enterprise with no place of business in China that applies for trademark registration or handles other trademark matters in China shall appoint a lawfully established trademark agency. Note: a wholly owned subsidiary that a foreign enterprise has lawfully established in China is a Chinese enterprise, not the foreign enterprise's place of business in China.

An enterprise from the Hong Kong or Macao Special Administrative Region with no place of business in the Mainland, or an enterprise from the Taiwan region with no place of business in the Mainland, shall appoint a lawfully established trademark agency to handle a trademark application. Such an enterprise with a place of business in the Mainland may handle the application on its own.

Residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region handling a trademark application shall appoint a lawfully established trademark agency. Those holding a Mainland Travel Permit for Hong Kong and Macao Residents, a Mainland Travel Permit for Taiwan Residents, or a Residence Permit for Hong Kong, Macao, and Taiwan Residents within its validity period (of one year or more) may file on their own. Filing directly at the Trademark Registration Hall requires: a Trademark Registration Application Form completed and printed as required and signed by the applicant, the trademark image, and a copy of the applicant's travel permit or residence permit. For the specific requirements for the form and image, see "China Trademark Website > Trademark Application > Application Guide".

Residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region who qualify to file on their own may also file through the trademark online application system. For the process, see "China Trademark Website > Online Application".

A collective mark is a sign registered in the name of a group, association, or other organization, for use by its members in commercial activities, to show the user's membership of that organization.

A direct application for a collective mark requires a Trademark Registration Application Form completed and printed as required and bearing the applicant's official seal, the trademark image, and a copy of the identity document (sealed by the applicant), and also the rules governing use of the collective mark, a list of the collective's members, and other materials. For the specific requirements, see "China Trademark Website > Trademark Application > Application Guide".

A certification mark is a sign controlled by an organization able to supervise certain goods or services, and used by organizations or individuals other than that organization on their goods or services, to certify the origin, raw materials, method of manufacture, quality, or other particular qualities of those goods or services.

A direct application for a certification mark requires a Trademark Registration Application Form completed and printed as required and bearing the applicant's official seal, the trademark image, and a copy of the identity document (sealed by the applicant). It also requires the rules governing use of the certification mark and a detailed account of the professional technical staff, specialized testing equipment, and similar resources that the applicant or an organization it has engaged has, to show that it can supervise the particular qualities of the goods the mark certifies. For the specific requirements, see "China Trademark Website > Trademark Application > Application Guide".

A geographical indication is a sign showing that goods come from a particular region, where a specific quality, reputation, or other characteristic of the goods is mainly determined by the natural or human factors of that region.

A geographical indication may be registered as a certification mark or a collective mark. For the specific requirements, see "China Trademark Website > Trademark Application > Application Guide".

Any sign that can distinguish the goods of a natural person, legal person, or other organization from those of others, including words, designs, letters, numerals, three-dimensional signs, color combinations, sounds, and combinations of these elements, may be applied for as a trademark. The applicant decides which mark it needs to register according to its own circumstances. For the specific requirements, see "China Trademark Website > Trademark Application > Application Guide".

A mark applied for shall be distinctive and easy to identify, and shall not conflict with lawful rights another party obtained earlier. If a mark does not comply with the Trademark Law, or is identical or similar to another party's mark registered or preliminarily approved for the same or similar goods, the Trademark Office refuses the application and does not publish it. Applicants can read the Trademark Law, the Implementing Regulations, the Trademark Examination and Adjudication Guidelines (《商标审查审理指南》), and other relevant rules on the China Trademark Website.

For applications filed from December 30, 2019, the applicant or agency shall pay the fee to the Trademark Office within the specified time after receiving the Payment Notice. No further fee is payable when collecting the registration certificate. For the amount and how to pay, see "China Trademark Website > Trademark Application > Application Guide".

Enter the name shown on the identity document. The applicant name, the seal or signature in the "Applicant's Seal (Signature)" field, and the name on the attached identity document shall match.

A natural person shall also write their identity document number after their name.

A foreign applicant shall also enter its English name in the English field.

In a joint application, enter the designated representative in the "Applicant Name" field and the other joint applicants in the "Annex to the Trademark Registration Application Form: List of Other Joint Applicants" field. If no representative is designated, the first person listed on the form is the representative.

Enter the unified social credit code shown on the identity document. A foreign applicant leaves this field blank.

Enter this truthfully. A domestic applicant leaves this field blank.

Enter the address shown on the identity document. If that address does not begin with an administrative division such as a province, city, or county, add the division's name.

A foreign applicant that qualifies to file on its own shall give a detailed address beginning with the administrative division, such as the province, city, or county.

A foreign applicant that does not qualify to file on its own shall give a detailed address in both Chinese and English.

A domestic applicant completes this field to receive legal documents in later matters concerning the mark. A domestic applicant filing on its own also receives documents for this application there. If a domestic applicant gives no contact address, documents go to the address in the applicant address field. CNIPA documents that cannot be delivered are served by public notice.

The "Foreign Applicant's Domestic Recipient", "Domestic Recipient Address", and "Postal Code" fields are for foreign applicants. A foreign applicant shall designate on the form a domestic document recipient, responsible for receiving CNIPA's legal documents in later trademark matters. The recipient's address shall be detailed and begin with the administrative division, such as the province, city, or county.

A domestic applicant leaves these fields blank.

The "Domestic Recipient Address" is the address of the domestic document recipient designated by a foreign applicant, not the applicant's mailing address. A domestic applicant leaves it blank and may complete the "Domestic Applicant Contact Address" field instead.

Declare in this field an application for a collective or certification mark, an application for a three-dimensional sign, color combination, or sound sign, or a joint application by two or more applicants for the same mark. Select according to what is being applied for, and attach the relevant documents.

A color combination mark consists of two or more colors. An application for one shall declare this on the form by ticking "Apply to Register a Color Combination" in the "Trademark Application Declaration" field, and affix a colored image in the trademark image box. A mark with designated colors is one whose image is colored words, designs, or a combination of them. For such a mark, do not tick that option; simply affix the colored image in the trademark image box.

In addition to declaring it on the form, an application for a color combination shall note the following:

(1) The elements of a color combination mark are two or more colors. The image shall be color blocks showing the combination, or a graphic outline showing where the colors are used. The outline is not an element of the mark and must be drawn with dotted lines, not solid lines.

(2) The application shall include a written explanation giving the color codes and stating how the mark is used. These go in the "Trademark Description" field.

Article 25 of the Trademark Law provides that an applicant who, within six months from the date of first filing for a mark in a foreign country, files for the same mark for the same goods in China may enjoy priority, under an agreement between that country and China, an international treaty both have joined, or the principle of mutual recognition of priority.

An applicant claiming priority under Article 25 selects "Priority Based on a First Application" and completes the "Country/Region of Filing or Exhibition", "Date of Filing or Exhibition", and "Application Number" fields. The applicant shall submit the priority documents (the original and a Chinese translation) at the same time. If that is not possible, it shall select "Priority Documents to Follow" and submit them within three months from the filing date. If there is no written declaration, or the priority documents are late, priority is treated as not claimed.

The priority document is a copy of the first application documents, certified by the trademark authority that received that application and showing the filing date and application number.

When claiming priority under Article 25, if several applications all claim priority from the same first application, the applicant may submit one original priority document with one of the application forms and state on the other forms which application holds the original. If the priority document is submitted later, within three months from the filing date, it shall come with an explanation listing the numbers of all applications claiming priority from it.

When claiming priority under Article 25, an applicant may claim priority together from several first applications for the same mark, filed in the same country on the same date. It enters each first application's number in the "Application Number" field and attaches the priority documents for all of those numbers.

Article 26 of the Trademark Law provides that where a mark is first used on goods shown at an international exhibition hosted or recognized by the Chinese government, the applicant may enjoy priority within six months from the date the goods were shown.

An applicant claiming priority under Article 26 selects "Priority Based on an Exhibition" and completes the "Country/Region of Filing or Exhibition" and "Date of Filing or Exhibition" fields. The applicant shall submit the priority documents (the original and a Chinese translation) at the same time. If that is not possible, it shall select "Priority Documents to Follow" and submit them within three months from the filing date. If there is no written declaration, or the priority documents are late, priority is treated as not claimed.

The priority document shall state the name of the exhibition, the evidence of the mark's use on the goods shown, the date shown, and similar details. It is generally issued or certified by the exhibition's organizer.

Complete it according to the actual circumstances. An application for a three-dimensional or sound sign shall state how the mark is used. An application for a color combination shall include a written explanation giving the color codes and stating how the mark is used. A mark that is or contains foreign-language wording shall state its meaning.

The applicant may also explain here any other matter it considers necessary.

An applicant may apply to register the same mark for goods in several classes in one application. Enter the classes and goods/services item names according to the Similar Goods and Services Classification Table (《类似商品和服务项目区分表》). Enter the items under their classes, with a sequence number before each class's items. If the classes and items do not fit, they may be entered on an annex in the form's format. After all classes and items, write "截止" (end).

The goods/services field of the application form shall state specific goods or services (such as the item names with 6-digit codes in the Similar Goods and Services Classification Table (《类似商品和服务区分表》)). It cannot state class headings or similarity group names (those with 4-digit codes).

The International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification) was established under an agreement reached at the Nice Diplomatic Conference on June 15, 1957 (the Nice Agreement). Each member of the Nice Agreement is obliged to use the Nice Classification in trademark registration and to state, in official documents and publications about registrations, the international class numbers of the goods or services covered. China joined the Nice Agreement in 1994.

The Similar Goods and Services Classification Table (《类似商品和服务区分表》) was compiled by the trademark authority for the needs of trademark search, examination, and administration, drawing on years of practice and wide consultation with other departments. It groups together goods or services that have particular connections and are easily confused. It can serve as a reference for trademark examiners, trademark agents, and applicants in judging similar goods or services, and for administrative and judicial authorities in trademark cases.

The Similar Goods and Services Classification Table follows the system of the Nice Classification. Each class heading in the table in principle indicates the range of goods or services in that class, and each class's notes (【注释】) offer guidance on classifying goods and services items. Applicants may use the class headings and notes to decide which class to declare.

If examination finds the declared class incorrect or an item name non-standard, the Trademark Office issues a Correction Notice requiring the applicant to correct it.

The Nice Classification gives general principles for classifying goods and services, which applicants may consult. In general, the names of goods or services in a class heading are in principle general terms for the range those goods or services fall within. To classify a particular item, consult the alphabetical list. If goods cannot be classified using the lists (the list by class, the notes, and the alphabetical list), the following criteria may be applied:

(1) A finished product is in principle classified by its function or purpose. If no class heading covers its function or purpose, it is classified by analogy with similar finished products in the alphabetical list. If there are none, subsidiary criteria may be used, such as its material or mode of operation.

(2) A multipurpose composite product (such as a combined clock and radio) may be classified in all the classes matching the functions or purposes of its parts. If no class heading covers those functions or purposes, the criteria in (1) may be used.

(3) Raw materials, unprocessed goods, and semi-finished goods are in principle classified by the material they are made of.

(4) Goods that form part of another product and cannot normally be used for any other purpose are in principle classified in the same class as that product. All other cases follow the criteria in (1).

(5) When finished or unfinished goods are classified by material and are made of several materials, they are in principle classified by the main material.

(6) A container specially made to hold goods is in principle classified in the same class as those goods.

For guidance on declaring goods and services items, see "China Trademark Website > Trademark Application > Goods and Services Classification".

The Nice Classification gives general principles for classifying goods and services, which applicants may consult. In general, the names of goods or services in a class heading are in principle general terms for the range those goods or services fall within. To classify a particular item, consult the alphabetical list. If a service cannot be classified using the lists (the list by class, the notes, and the alphabetical list), the following criteria may be applied:

(1) A service is in principle classified by the branch of activity listed in the service class headings and their notes. If it is not listed, it may be classified by analogy with similar services in the alphabetical list.

(2) A rental service is in principle classified in the same class as the service provided by means of the rented object (for example, rental of telephones is in Class 38). Leasing is similar to rental and follows the same principle, but finance leasing is a financial service in Class 36.

(3) A service providing advice, information, or consultancy is in principle classified in the same class as the subject matter, for example transport consultancy (Class 39), business management consultancy (Class 35), financial consultancy (Class 36), and beauty consultancy (Class 44). Providing it by electronic means (such as telephone or computer) does not affect the classification.

(4) A franchising service is in principle classified in the same class as the service the franchisor provides (for example, business advice relating to franchising (Class 35), financial services relating to franchising (Class 36), and legal services relating to franchising (Class 45)).

For guidance on declaring goods and services items, see "China Trademark Website > Trademark Application > Goods and Services Classification".

In the Nice Classification, items in the same class may overlap or include one another conceptually, but the Nice Classification does not define its items. The names of goods and services listed under each class show which class they belong to, as a classification reference for applicants. Take "furniture" and "metal furniture" in Class 20. Some goods in the Nice Classification are classified by material: metal building materials are in Class 6 and non-metallic building materials in Class 19. Furniture is not classified by material, and furniture of any material is in Class 20. To make clear that metal furniture also belongs to Class 20, Class 20 lists "metal furniture" as well as "furniture".

The Similar Goods and Services Classification Table follows the system of the Nice Classification. Applicants may choose the item names to declare according to their actual circumstances.

The Similar Goods and Services Classification Table follows the system of the Nice Classification. Each class heading in principle indicates the range of goods or services in that class, and each class's notes (【注释】) offer guidance on classifying items. For goods or services not listed, the applicant may first decide the class using the class headings and notes, then enter a specific, accurate, and standard name under the classification principles. Avoid names that are vague, too broad, or insufficient to place the item in a class or similarity group. The name itself should be clear and accurate and follow general public usage and writing rules, and it should be distinguishable from items in other classes without causing confusion or misidentification.

Example 1: the computer industry often uses "笔记本" (notebook) to mean "笔记本电脑" (notebook computer), but this is a non-standard abbreviation. "笔记本" normally means paper stationery in Class 16. In Class 9, declare "笔记本电脑" or "笔记本式计算机" (notebook computer).

Example 2: "电机" (electric machine). This means a machine that generates or uses electric energy, including generators and electric motors. Under the current classification principles, generators are in Class 7, while electric motors divide into motors for land vehicles, in Class 12, and motors for non-land vehicles, in Class 7. "电机" and "电动机" (electric motor) are therefore both non-standard names of goods.

Example 3: "熟制品" (cooked products). Most cooked products are in Class 29 but in different similarity groups: cooked pork is in group 2901, cooked fish in group 2902, cooked fruit in group 2904, cooked vegetables in group 2905, and so on. "熟制品" is therefore a non-standard name of goods.

Applicants should declare specific, accurate, and standard names of goods. The Trademark Office examines the declared names and issues a Correction Notice for non-standard ones, requiring the applicant to correct them.

For guidance on declaring goods and services items, see "China Trademark Website > Trademark Application > Goods and Services Classification".

Print or affix one trademark image in the designated place on the form. The image shall be clear and no larger than 10 cm and no smaller than 5 cm in length and width.

An application for a color combination or a colored image requires a colored image and one black-and-white version. A mark with no designated color requires a black-and-white image. The black-and-white version for a color combination mark or a mark with designated colors shall be prepared separately as a clear black-and-white image, not simply photocopied from the original. It need not be submitted with the application. If examination later requires it, CNIPA will notify the applicant to submit it.

An application for a color combination or a colored image requires a colored image and one black-and-white version (which need not be submitted with the application; if examination later requires it, the Trademark Office will notify the applicant to submit it). A mark with no designated color requires a black-and-white image.

An application for a three-dimensional sign requires an image that defines the three-dimensional shape, with at least three views.

An application for a sound sign shall describe the sound in staff notation or numbered musical notation with a written explanation. A sound that cannot be described in either notation shall be described in words. The description of the mark and the sound sample shall match.

A three-dimensional mark is also commonly called a shape mark. The application shall select "Apply to Register a Three-Dimensional Sign" in the "Trademark Application Declaration" field, state how the mark is used in the "Trademark Description" field, and print or affix one trademark image in the image box on the form.

The image shall define the three-dimensional shape and include at least three views (front, side, bottom, top, and so on). The views shall all be of the same three-dimensional sign, and the image containing them shall as a whole be no larger than 10×10 cm and no smaller than 5×5 cm.

If the three-dimensional sign contains wording, the wording shall appear in its correct position on the views of the shape, not separately from the views.

A color combination mark consists of two or more colors, and its elements are colors. The application shall select "Apply to Register a Color Combination" in the "Trademark Application Declaration" field, list the color names and color numbers and state how the mark is used in the "Trademark Description" field, and print or affix one colored image in the image box on the form.

The image shall be color blocks showing the combination, or a graphic outline showing where the colors are used. The outline is not an element of the mark and must be drawn with dotted lines, not solid lines.

An application with a colored image needs no declaration. Simply print or affix one colored image in the image box on the form.

The application shall select "Apply to Register a Sound Sign" in the "Trademark Application Declaration" field and state how the mark is used in the "Trademark Description" field.

One trademark image shall also be printed or affixed in the image box on the form, describing the sound mark. Specifically, the sound is described in staff notation or numbered musical notation with a written explanation; a sound that cannot be described in either notation is described in words. Note: the whole description (the notation and the written explanation) shall be in one image. It shall be accurate, complete, objective, and easy to understand. The description and the sound sample shall match; for example, if the sample has lyrics, the description shall also state them. The notation shall not include the title of the piece.

The application shall also include a sound sample. The audio file shall be stored on a read-only disc holding only that one audio file, be smaller than 5 MB, and be in wav or mp3 format. Note: the description of the mark and the sound sample shall match.

Simply put, the manner of use is how the applicant uses the mark: in what way or in what circumstances it uses the mark on the goods or services applied for. For example, if the sweets an applicant makes all have a particular three-dimensional shape, an application for that three-dimensional sign for "sweets" in Class 30 may state as the manner of use: "this three-dimensional sign is used as the shape of the sweets".

An application for a three-dimensional sign, color combination, or sound sign shall state the manner of use in the "Trademark Description" field.

The Correction Notice lists the matters to correct, and its reverse side has a detailed "Explanation of Corrections to Goods/Services Items". Complete it according to the requirements and explanation and return it to CNIPA. Responding to a correction notice carries no fee.

After an application is filed, the trademark image cannot be amended. If CNIPA requires a correction because the image is unclear, the applicant may submit a clear version again but may not change the image.

Submit a copy of the page showing those characters in a formal publication such as a dictionary or calligraphy model book. The way they are written on the copy shall match the way they are written in the trademark image.

If the applicant designed the characters itself and they have no source, it shall say so.

Names of goods should be specific, accurate, and standard, so that the scope of protection is clearly designated. Applicants should as far as possible use the existing goods or services item names in the Classification of Goods and Services for Trademark Registration (《商标注册用商品和服务分类表》). If not, they should enter a specific, accurate, and standard name under the classification principles, and avoid names that are vague, too broad, or insufficient to place the item in a class or similarity group.

On the one hand, the name itself should be clear and accurate and follow general public usage and writing rules. For example, do not use phrases such as "not included in other classes", "included in this class", or "of the above goods", and avoid the construction "..., namely ...". Do not declare general terms such as "attachments for ×××" or "accessories for ×××"; declare specific names of goods.

On the other hand, the name should be distinguishable from items in other classes without causing confusion or misidentification. For example, "holiday camp services" crosses classes: "holiday camp entertainment services" are in Class 41 and "holiday camp accommodation services" in Class 43.

A product manual helps the Trademark Office judge the class and similarity group, but submitting one does not mean the name will be accepted. "Household appliances", for example, is an accepted everyday term, but it covers too much, spanning several classes of the classification table, and may not be used in a trademark application. Some multifunctional products may be placed in the classes matching their functions. Which class to declare is for the applicant to decide according to its actual circumstances, and it may declare one or several. Names of goods in an application should be specific, accurate, and standard and follow the classification principles. Avoid names of goods or services that are vague, unspecific, too broad, or insufficient to place the item in a class or similarity group.

Names of goods should be specific, accurate, and standard, so that the scope of protection is clearly designated. For example, the computer industry often uses "笔记本" (notebook) to mean "笔记本电脑" (notebook computer), but this is a non-standard abbreviation. "笔记本" normally means paper stationery in Class 16; in Class 9, declare "笔记本电脑" or "笔记本式计算机". Another example is "电机" (electric machine), a machine that generates or uses electric energy, including generators and electric motors. Under the current classification principles, generators are in Class 7, while electric motors divide into motors for land vehicles, in Class 12, and a second category in Class 7. (The Chinese here names motors for land vehicles twice; B21 gives the second category as motors for non-land vehicles.) Applicants should therefore declare specific, accurate, and standard names of goods.

Classification standards do not stay fixed: the Committee of Experts of the Nice Union regularly revises the Nice Classification. Applicants shall declare according to the edition in force at the time of filing.

For an application filed before the new table took effect, the classification principles and standards of the old table apply to the declared items.

For example, in the 2015 text of the Similar Goods and Services Classification Table, "entomological pins" were in Class 16. The 2016 text of the tenth edition of the Nice Classification added "entomological pins" to Class 26. Correspondingly, the 2016 text of the table added them to Class 26 and removed them from Class 16. An applicant who filed in 2015 and received a Correction Notice in 2016 and who wants to declare "entomological pins" shall still declare them in Class 16 under the 2015 text, not in Class 26 under the 2016 text.

If the Trademark Office notifies the applicant to correct and the correction is not made in time or not made as required, the Trademark Office does not accept the application. That decision applies to the whole application, so the other two classes in it cannot keep the filing date either.

Under the Implementing Regulations, the date CNIPA serves a document on a party is as follows. For post, it is the postmark date of receipt by the party. If the postmark is unclear or missing, the document is treated as served 15 days after it was sent, unless the party can prove the actual date of receipt. For direct delivery, it is the date of delivery. For electronic data, the document is treated as served 15 days after it was sent, unless the party can prove the date it entered their electronic system. A document that cannot be served in these ways may be served by public notice, and is treated as served 30 days after the notice is published.

When an applicant collects a Correction Notice at the Registration Hall's returned-mail counter, if CNIPA has not yet published a service notice, or has published one but fewer than 30 days have passed since then, the document is treated as served when the applicant collects it. If CNIPA has published a service notice and 30 days have passed, the document is treated as served on the 30th day after publication.

After receiving the application documents, the Trademark Office first checks the formalities and documents. Paper applications that basically comply must be digitized (scanned and entered). It then checks whether the declared goods and services items are standard and match the declared classes, and identifies the mark's search elements (designs and wording). If the examination is passed and the applicant has paid the official fee, it issues the Notice of Acceptance. If correction is needed, it notifies the applicant, and issues the Notice of Acceptance once the applicant has made a satisfactory correction in time. The Trademark Office is pressing ahead with reforms to make registration easier, and the Notice of Acceptance now issues within 1 month. If correction is needed, it takes correspondingly longer, and the Trademark Office asks applicants for their understanding.

Paying the official fee is the last step in acceptance. If an application is not accepted because the formalities are incomplete or the documents are not completed as required, the application fee has not yet been collected. An applicant who appointed an agency and paid the fee to it should contact the agency. An official fee paid online through the online application system is refunded to the original card or account.

There can be several reasons. For example, the declared goods or services items may be non-standard and need correction, or the applicant appointed an agency but the Trademark Office has not received the application documents from it.

An applicant who needs to know whether the Trademark Office has received the documents is advised to write to it, giving the applicant's name, the agency's name, the declared classes, the mark, the filing date, the registered mail or express mail number, and other details.

A Notice of Acceptance shows only that the Trademark Office has accepted the application, not that the mark has been approved for registration. After filing and before registration is approved, the mark remains unregistered and must still be used as an unregistered mark. If using it infringes another party's exclusive right, the administration for industry and commerce may still investigate and deal with that use.

A Notice of Acceptance shows only that the Trademark Office has accepted the application, not that the mark has been approved for registration, and there is no reissue procedure. An applicant with genuinely special circumstances should write explaining why, and the Trademark Office will decide whether to reissue it according to the actual situation.

In general, the main situations in which an application is not accepted include, but are not limited to, the following:

The application documents lack the application form, the trademark image, or a copy of the applicant's identity document.

A paper application form is not typed or printed.

The correct form is not used as required, or the form's format has been altered without permission.

The form does not state any goods/services item names.

The form is not in Chinese, or certificates, supporting documents, and evidence in a foreign language do not come with a Chinese translation bearing the official seal of the applicant, agency, or a translation company.

The applicant name or applicant address on the form is not completed.

The applicant name on the form, the seal or signature, and the attached copy of the identity document do not match.

No trademark image is printed or affixed in the image box on the form, or the image is outside the permitted size range.

A joint application by two or more applicants for the same mark is declared, but no annex listing the joint applicants and bearing their seals or signatures is submitted with it.

A domestic natural person does not submit application documents complying with Article 4 of the Trademark Law.

The official fee is not paid to the Trademark Office.

The Trademark Office notifies the applicant to correct, but the correction is not made in time or not made as required.

The China Trademark Website provides free trademark search. Log in to it and click "Trademark Search" to search for similar marks. There are six search methods: Chinese characters, pinyin, English, numerals, initial letters, and designs. The Trademark Examination and Adjudication Guidelines are also published on the China Trademark Website.

The China Trademark Website provides free trademark search. Log in to it and click "Trademark Search" to check a mark's status by application or registration number. A combined search is also available by declared class, application or registration number, applicant name, and other criteria.

An applicant who, within 6 months after filing in China, applies to register the same mark in another member of the Paris Convention for the Protection of Industrial Property and claims priority shall apply to the Trademark Office for a priority certificate. The applicant submits the Application for a Priority Certificate (《出具优先权证明文件申请书》) and a copy of its identity document, plus a copy of the identity document of the person handling the filing if filing directly, or a Trademark Agency Power of Attorney if using a trademark agency. If the formalities are complete, the documents are completed as required, the fee is paid, and the application complies, the Trademark Office issues the Priority Certificate (《优先权证明文件》).

If the trademark application has not yet been accepted when the certificate is requested, the Trademark Office issues the certificate after accepting it. If the application is not accepted on examination, the Trademark Office does not issue the certificate.

Log in to the China Trademark Website, click "Trademark Search", and open the "Error Feedback" page, where the applicant can report the error to the Trademark Office.

The exclusive right in a registered trademark is limited to the mark as approved for registration and the goods (services) approved for use. The applicant decides whether a new registration is needed by comparing the goods (services) stated on the registration certificate with those it needs protected. To obtain an exclusive right on goods outside the approved scope, it shall file a separate application.

The exclusive right in a registered trademark is limited to the mark as approved for registration and the goods approved for use. To obtain an exclusive right on goods outside the approved scope, the registrant shall file a separate application.

The exclusive right in a registered trademark is limited to the mark as approved for registration and the goods approved for use. To change the sign of a registered trademark, the registrant shall file a new application.

An applicant filing online need not submit paper documents. However, an applicant who claims priority and declares that the priority documents will follow shall submit paper priority documents to the Trademark Office as required. The Trademark Office is pressing ahead with building the online application system. Applicants should read the trademark online application guide carefully and follow its requirements.

See "China Trademark Website > Trademark Agency > Business Guide > Notes on Submitting Trademark Applications".

This content was published in January 2022. If it later changes because of changes in the relevant laws, regulations, or normative documents, this office will update it as needed.