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Trademark

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How to register trademarks in China

Brief Description: Natural person, legal person, or other organizations, who need to get the trademark exclusive right of their productions or services, should apply to register trademarks in The State Administration for Industry and Commerce according to the relevant laws. There are total 45 classifications of trademarks, 34 goods trademarks and 11 service trademarks. Those used on the goods are goods trademarks and used on services are service trademarks.


1.Documents Required of Trademark Registration

(1)Trademark Registration by Company:

a. 1x copy of the company's certificate of incorporation

b. Company name and address in both English and Chinese

c. Signature by company's director

d. Print and digital version of proposed trademark (6 originals in print, size: between 5cm*5cm and 10cm*10cm)

e. Category of the proposed trade mark (and choose 10 sub-categories)

(2)Trademark Registration by Individual applicant:

a. 1 x copy of the passport of applicant

b. Mailing address in both English and Chinese.

c. Signature by the applicant

d. Print and digital version of proposed trademark (6 originals in print, size: between 5cm*5cm and 10cm*10cm)

e. Category of the proposed trade mark (and choose 10 sub-categories)

In details:

    (1) Anyone who applies for registration of a trademark shall file an application based on the categories in the published Classification of Goods and Services. For each application for registration of a trademark, the applicant shall submit to the Trademark Office one copy of the Application for Trademark Registration and five copies of reproductions of the trademark; if color or colors is or are designated, five copies of colored reproductions of the trademark and one copy of the black and white design shall be submitted.

    The trademark designs shall be conspicuous and easy to be attached. They shall be printed on smooth and durable paper or be replaced by photos, the size of which shall be no more than 10 centimeters but no less than 5 centimeters in length or width.

If applying for the registration of a three-dimensional sign as a trademark, the applicant shall make a statement in the application, and submit a reproduction thereof by which the three-dimensional shape can be determined.

    If applying for the registration of the combination of colors as a trademark, the applicant shall make a statement in the application, and submit the descriptions thereof.

If applying for the registration of a collective mark or a certification mark, the applicant shall make a statement in the application, and submit the documents certifying the qualifications of the subjects and the rules on the administration of the use of the mark.

Where a trademark is, or consists of, foreign words, their Chinese meanings shall be indicated.

    (2) 1 x power of attorney and 1x Application form for trademark registration should be signed and stamped (if applicable) by applicant . The applicant's name should be in exact concordance with the registered name of the enterprise.


2.Procedure of Trademark Registration

Searching before application (non-essential) → Preparing application documents → Submitting application documents at registration hall → Confirming the submission → Making payment → Getting receipt.

After getting the receipt, the application is completed. The State Administration for Industry and Commerce will send all necessary documents by post, and applicants can get the acceptance notice of trademark application in around three months.

Then the trademark is assigned for substantive examination within 9 month.

The whole procedure usually takes about 1 year to issue the trademark certificate.