Types of Trademark
- Any sign that can distinguish the goods or services of a natural person, legal person or any other organization from those of others, including any word, device, letter, number, three-dimensional sign, color combination, sound, and any combination of these signs A combination can be applied for registration as a trademark.
- Trademarks should be distinctive, easy to identify and distinguish, and must not conflict with 3rd party's prior legal rights.
Two Ways of TM Filing
- File directly to the China Natonal Intellectual Property Administration (CNIPA).
- File an international application through the Madrid System and select China as the designated country.
Absolute and relative grounds for refusal of a trade mark
Absolute grounds
- identical or similar to the name of the state, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as its name or the symbol of the central government department of the state, or bearing the name of a specific place where the central government department of the state is located, or the name or image of a landmark building.
- identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country
- intergovernmental organisation, unless the organisation agrees or does not mislead the public
- identical or similar to official marks or logos indicating control and assurance, unless authorised.
- identical or similar to the name and emblem of the Red Cross and Red Crescent.
- of a discriminatory nature against any nationality.
- are fraudulent in nature and liable to mislead the public as to the quality, origin and other characteristics of the goods; or
- are fraudulent in nature and liable to mislead the public as to the quality, origin and other characteristics of the goods; or
- A place name of an administrative division at or above the county level or a foreign place name known to the public may not be used as a trademark unless the place name has another meaning or the place name is used as a trademark. A collective trademark or a component of a certification trademark; a registered trademark consisting of or containing a geographical name shall continue to be valid.
- A sign consisting solely of the common name, design or model of the goods in respect of which the mark is used.
- A sign which only directly indicates the quality, principal raw material, function, use, weight, quantity or other characteristics of the goods; or
- Other signs that do not have distinguishing features.
- A sign referred to in the preceding paragraph may be registered as a trademark if, through its use, it acquires a distinctive character and is easily recognizable and distinguishable.
- Where a trademark registration is applied for in respect of a 3D mark, the registration will not be granted where the nature of the goods alone produces a graphic, technical effect requiring a graphic of the goods or where the graphic gives substantial value to the goods.
Relative Reasons
- Where a trademark is a copy, imitation or translation of a well-known trademark of another person that is not registered in China and is likely to cause confusion, the application for registration is for goods that are identical or similar to the goods to which the well-known trademark applies.
- A trademark constitutes a copy, imitation or translation of a well-known trademark already registered in China by another person, which is likely to mislead the public and damage the interests of the owner of the registered well-known trademark, if the goods for which the trademark is applied for are not identical or similar to the goods to which the well-known trademark applies.
- Where the agent or representative of the owner of a trade mark applies for registration of a trade mark in his own name without permission and the owner of the trade mark raises an objection.
- Where the trademark applied for is identical or similar to a trademark previously used but not registered by another person for the same or similar goods, and the applicant has a contractual, business or other relationship, but the relationship referred to in the preceding paragraph, knowing that the other party owns the trademark, the trademark shall not be registered and the other party causes an opposition.
- Goods not originating in the area, consisting of or containing a geographical indication, to the extent of misleading the public; however, a bona fide registration will continue to be valid.
Validity Period and Renewal
A Chinese trademark is valid for 10 years from the date of registration. Renewal requests must be submitted no later than 6 months prior to the expiry date. The Chinese government allows a grace period of 6 months.
A trademark may be renewed for a period of 10 years. If the grace period expires without an application being made, the registered trademark will be cancelled.