PRC TradeMark

China Trademark

Registration · Renewal · Opposition · Professional Agency

🏷️ Trademark Types

Under China’s Trademark Law, trademarks are mainly divided into the following types:

Goods Mark

Used on goods to distinguish their source — the most common type.

Service Mark

Used on services to distinguish service providers.

Collective Mark

Registered in the name of a group or association for use by its members.

Certification Mark

Controlled by an organization to certify specific characteristics of goods/services.

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❓ Frequently Asked Questions

Q1: Can goods and service marks be filed in one application?

A: Yes. China adopts a multi-class filing system allowing both goods and service marks in one application.

Q2: Who can apply for collective or certification marks?

A: Collective marks require a legal entity qualification. Certification marks require an organization with testing and supervision capabilities.

📝 Filing Channels

Applications can be filed through the following channels:

  • Online Application — via CNIPA’s online service system
  • Trademark Office Hall — No. 1 Chama South Street, Xicheng District, Beijing
  • Local Trademark Acceptance Offices — designated local IP offices
  • Through a Registered Agent — recommended for professional support
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❓ Frequently Asked Questions

Q1: What is the difference between self-filing and using an agent?

A: The examination standards are the same. Agents provide professional support: search, classification advice, office action responses, and higher success rates.

Q2: Can foreign applicants file trademark applications directly in China?

A: Foreign applicants must file through a registered trademark agent unless they have a domicile or place of business in China.

📄 Required Documents

The following core documents are required for a China trademark application:

  • Trademark Registration Application Form — properly completed, signed or sealed
  • Trademark Representation — clear black-and-white image (5-10cm), color if color claimed
  • Applicant Identity Documents — business license copy (companies), ID card copy (individuals)
  • Power of Attorney — required when using a trademark agent
  • Priority Documents — certified priority documents within 3 months if priority claimed
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❓ Frequently Asked Questions

Q1: Can individual business owners apply for trademarks?

A: Yes. Submit a copy of the individual business license and the owner’s ID card with signature.

Q2: What are the requirements for trademark drawings?

A: The drawing must be clear, 5-10cm in size. Color drawings for color claims, black and white otherwise. 3D marks require at least three views.

⚙️ Application Process

The application process consists of the following stages:

  1. Filing — Submit application documents online or in person, receive application number
  2. Formal Examination — Check document completeness and formal compliance (approx. 1-2 months)
  3. Substantive Examination — Check distinctiveness and conflicts with prior rights (approx. 6-9 months)
  4. Publication for Opposition3-month opposition period after examination approval
  5. Registration — If no opposition or opposition fails, registration granted and certificate issued

If smooth, the entire process takes 8-12 months. A prior trademark search is recommended.

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❓ Frequently Asked Questions

Q1: What if my trademark is refused?

A: You may file an appeal with the Trademark Review and Adjudication Board within 15 days of receiving the refusal notice.

Q2: What if someone opposes my application?

A: Submit a counter-statement within the specified period. Contact a professional agent promptly for assessment.

📅 Term of Registration

A China registered trademark is valid for 10 years from the registration date.

  • Renewal Period — Within 12 months before expiry
  • Grace Period — Within 6 months after expiry with a surcharge
  • Renewal Term — Each renewal extends protection for another 10 years, renewable indefinitely
  • Renewal FeeRMB 1,000/class (including official and agent fees)
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❓ Frequently Asked Questions

Q1: Is use required after registration?

A: Yes. If a registered trademark is not used for 3 consecutive years, any party may apply for revocation. Keep evidence of use.

Q2: What if I miss the renewal deadline?

A: There is a 6-month grace period after expiry with a surcharge. After that, the trademark will be canceled and a new application required.

Ready to apply for a China trademark?

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