Applying to register a goods or service mark

Under Article 4 of the Trademark Law and Article 13 of the Implementing Regulations, a natural person, legal person, or other organization that needs the exclusive right to use a trademark for its goods or services in its production or business activities shall apply to CNIPA to register the trademark. The international classification of goods and services for trademark registration has 45 classes: 34 for goods and 11 for services. A mark designated for goods is a goods mark, and a mark designated for services is a service mark.

(1) The applicant files electronically on its own.

The applicant may file a trademark application online through the online service system. See the "Online Application" section for how to submit.

Address of the trademark online service system: https://sbj.cnipa.gov.cn/trademark-apply

(2) The applicant may file a trademark application at the following places.

1. A trademark service window set up by a local market regulation or intellectual property department on behalf of the CNIPA Trademark Office. For window addresses, see the "Trademark Application Guide" or "FAQ" section of the China Trademark Website.

2. A Trademark Examination Cooperation Center set up by the CNIPA Trademark Office outside Beijing.

3. The Trademark Registration Hall of the CNIPA Trademark Office.

Address of the Trademark Registration Hall: No. 1 Chamanan Street, Xicheng District, Beijing.

Office hours: working days, 8:30-11:30 and 13:30-16:30.

Enquiries: 86-10-63218500.

(3) The applicant appoints a trademark agency recorded with CNIPA.

(1) An applicant filing directly through the online service system logs in, selects "Trademark Registration Application", and completes and submits the application form online.

(2) An applicant filing on its own at the Trademark Registration Hall submits the application documents at the acceptance counter.

(3) An applicant filing at a trademark service window shall submit the application materials online. The requirements of the window's staff prevail.

(4) An applicant using a trademark agency may freely choose any trademark agency recorded with CNIPA. All recorded agencies are published in the "Agencies" section of the China Trademark Website.

After the applicant files, CNIPA examines the application. For the examination procedure, see the Trademark Registration Flowchart (《商标注册流程图》).

If an application is refused, the applicant loses the registration fee, needs more time to apply again, and still does not know whether a new application will be approved. It is therefore best to run a trademark search before applying, learn about earlier rights, and decide on the basis of the results before filing.

A trademark application requires the following documents:

Trademark applications and related documents may be submitted on paper or as electronic data. For electronic submission, see the rules in the "Online Application" section of the China Trademark Website.

(1) The Trademark Registration Application Form (《商标注册申请书》), using the standard form issued by CNIPA.

1. Each trademark application requires one application form. A paper form shall be typed or printed.

2. A legal person or other organization shall affix its official seal in the designated place on the form. A natural person shall sign in the designated place with a pen.

3. See the instructions attached to the form for how to complete it.

(2) A copy of the applicant's identity document. An applicant filing several marks at the same time needs to provide only one copy.

1. Domestic applicants

A legal person or other organization shall use an identity document showing its unified social credit code, such as a copy of a valid business license, legal person registration certificate, public institution legal person certificate, social organization legal person certificate, or law firm practice certificate. A periodical permit, school operating permit, or health permit cannot serve as the applicant's identity document.

A legal person or other organization from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or the Taiwan region shall submit a copy of the corresponding registration certificate.

A natural person shall submit a copy of a valid identity document, such as an identity card, passport, or household registration record, together with a copy of an individual business license (《个体工商户营业执照》) or a rural land contracting agreement.

A natural person from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or the Taiwan region who files on their own shall submit a copy of 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 that is within its validity period (of one year or more).

2. Foreign applicants

A legal person or other organization shall submit a copy of the registration certificate issued by its home region or country. A copy of the registration certificate of a foreign enterprise's office or resident representative office in China cannot serve as the identity document. A document in a foreign language shall come with a Chinese translation; without one, the document is treated as not submitted.

A natural person who files on their own shall submit a copy of their passport and a Foreign Permanent Resident Card, Foreigner's Residence Permit, or Foreigner's Residence Certificate issued by the public security authorities and within its validity period (of one year or more).

(3) An applicant using a trademark agency shall submit a Trademark Agency Power of Attorney (《商标代理委托书》).

1. The power of attorney shall state the matters and scope of the agency.

2. If the applicant is a foreign person or foreign enterprise, the power of attorney shall state the applicant's nationality.

3. Notarization and authentication of a foreign person's or foreign enterprise's power of attorney and related supporting documents follow the principle of reciprocity.

(4) The trademark image

1. Each application requires one trademark image. An application for a color combination or a colored image requires a colored image. A mark with no designated color requires a black-and-white image.

2. The image must be clear and easy to affix, printed on smooth, durable paper or replaced by a photograph, and no larger than 10 cm and no smaller than 5 cm in length and width. It shall be affixed in the designated place on the application form.

3. An application for a three-dimensional mark shall declare this on the form and state how the mark is used in the "Trademark Description" field. The applicant shall submit an image that defines the three-dimensional shape, with at least three views.

4. An application for a color combination shall declare this on the form and, in the "Trademark Description" field, state the color codes and how the mark is used.

The image for a color combination 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.

5. An application for a sound mark shall declare this on the form, describe the sound in the trademark image box, submit a sound sample that meets the requirements, and state how the mark is used in the "Trademark Description" field.

(i) Description of a sound mark. The sound shall be described 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.

(ii) Requirements for the sound sample:

(a) For a paper application, the audio file shall be stored on a read-only disc holding only that one audio file. For an electronic application, the sound sample shall be uploaded as required.

(b) The audio file shall be smaller than 5 MB, in wav or mp3 format.

(iii) The description of the mark and the sound sample shall match.

(5) An applicant claiming priority shall submit a written declaration and, at the same time or within three months from the filing date, the priority documents, including the original and a complete Chinese translation. If there is no written declaration, or the fields for the country or region of filing or exhibition, the date of filing or exhibition, and the application number are incomplete, priority is treated as not claimed. If the priority documents are late, incomplete, or insufficient to prove the right, the priority is invalid.

(6) Certificates, supporting documents, and evidence in a foreign language shall come with a Chinese translation; without one, they are treated as not submitted.

(7) A domestic natural person shall, in addition to submitting the application form, trademark image, and other materials as required, meet the requirements of the Notes for Natural Persons Filing Trademark Applications (《自然人办理商标注册申请注意事项》).

Under Article 4 of the Trademark Law of the People's Republic of China, a natural person filing for registration, assignment, or a similar matter shall, in addition to submitting the application form, trademark image, and other materials as required, note the following:

1. An individual business may apply in the trade name registered on its individual business license, or in the name of the operator registered on the license. When applying in the operator's name, it shall submit copies of the following:

(i) the operator's identity card;

(ii) the business license.

2. A rural contract household may apply in the name of the person who signed its contract, and shall submit copies of the following:

(i) the signatory's identity card;

(ii) the contract.

3. Another natural person lawfully permitted to carry on business may apply in the operator's name shown in the registration document issued by the competent authority, and shall submit copies of the following:

(i) the operator's identity card; and

(ii) the registration document issued by the competent authority.

4. A rural contract household's application is limited to the agricultural and sideline products it runs itself. Another natural person permitted to carry on business, other than an individual business or rural contract household, is limited to the business scope approved in the registration document.

5. CNIPA will not accept an application that does not comply with Article 4 of the Trademark Law.

(8) The matters declared and materials provided for a trademark application shall be true, accurate, and complete.

Where a registration was obtained by deception or other improper means, CNIPA shall declare the registered trademark invalid, and any other organization or individual may request CNIPA to declare it invalid.

A trademark application requires payment of a fee. See the relevant section for the amount and how to pay.

If the formalities are complete, the documents are completed as required, and the fee is paid, CNIPA accepts the application and notifies the applicant in writing. If the formalities are incomplete, the documents are not completed as required, or the fee is unpaid, CNIPA does not accept the application and notifies the applicant in writing with its reasons. If the formalities are basically complete or the documents basically comply but need correction, CNIPA notifies the applicant to make the specified corrections and return them 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, CNIPA does not accept the application and notifies the applicant in writing.

CNIPA examines accepted applications under the Trademark Law. If an application complies, or complies for some of the designated goods, CNIPA grants preliminary approval and publishes it. If an application does not comply, or does not comply for some of the designated goods, CNIPA refuses it, or refuses it for those goods, and notifies the applicant in writing with its reasons.

(1) A Notice of Acceptance (《注册申请受理通知书》) shows only that CNIPA has accepted the application, not that it has been approved.

(2) An applicant who disagrees with a refusal may apply to CNIPA for review within 15 days from receipt of the refusal notice.

(3) If a mark is opposed and the applicant (the party opposed) disagrees with CNIPA's decision not to register it, the applicant may apply to CNIPA for review within 15 days from receipt of the notice.

(4) 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 market regulation authorities may still investigate and deal with that use.

(5) A registration is valid for 10 years from the date registration is approved. A registrant who wants to keep using the mark after that term shall complete renewal in the 12 months before it expires. A registrant who cannot do so may file in the 6-month grace period after expiry, but must pay the late renewal fee. If no renewal is filed by the end of the grace period, CNIPA cancels the registration, and the former registrant must file a new application to hold the exclusive right again.

This content was revised in February 2024. If it later changes, or differs from what the staff of the Trademark Registration Hall require in practice, the staff's requirements prevail.