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1. Handling basis and brief description

According to Article 4 of the Trademark Law and Article 13 of the Implementing Regulations of the Trademark Law, any natural person, legal person or other organization that, in the course of production or business activities, needs to obtain the exclusive right to use a trademark for its goods or services shall apply for trademark registration with the State Intellectual Property Office. The International Classification of Goods and Services for trademark registration has 45 categories, of which 34 are goods and 11 are services. A trademark designated for use on goods is a trademark of goods, and a trademark designated for use on services is a service trademark.

2. Handling methods

(1) The applicant submits the electronic application by himself.

Applicants can submit their trademark registration applications online through the online service system. Please refer to the "Online Application" section for details.

Trademark online service system website: http://sbj.cnipa.gov.cn/sbj/wssq/

(2) The applicant may apply for trademark registration at the following places.

1. Go to the trademark business acceptance window set up by the local market supervision department or intellectual property department entrusted by the Trademark Office of the State Intellectual Property Office. For the window address, please refer to the "Trademark Application Guide" column or the "Frequently Asked Questions" column of China Trademark Network.

2. Go to the Cooperation Center for Trademark Examination established by the Trademark Office of the State Intellectual Property Office outside Beijing.

Address: Floor 1, Building 12 and 14, No. 117, Liuhua Road, Yuexiu District, Guangzhou, Guangdong, P.R.China Zip Code: 510014 Tel: 020-83772305

Shanghai Cooperation Center for Trademark Examination Acceptance Hall Address: 1 / F, Building 1, No. 650 Caobao Road, Xuhui District, Shanghai 200235, China Tel: 021-23521800-0

Chongqing Trademark Review Cooperation Center Acceptance Hall Address: Jiangbei District of Chongqing City Science and Technology financial Building 5 Building Zip code 400023 Tel: 023-65854191, 65854187

Jinan Trademark Review Cooperation Center Acceptance Hall Address: South Hall, Building 2, United Fortune Plaza, No. 2177 Tianchen Road, High-tech Zone, Jinan City, Shandong Province Zip Code: 250000 Tel: 0531-89700542

Address: 32nd Floor, Block B, Longzihu Plaza, Yonghe, Zhengdong New District, Zhengzhou City, Henan Province, China Postcode: 450046 Tel: 0371-88905323

3. Apply to the Trademark Office of the State Intellectual Property Office in Zhongguancun National Independent Innovation Demonstration Zone.

Address: Office 205, 2nd Floor, Beijing Municipal Administration for Industry and Commerce, No. 36 Suzhou Street, Haidian District, Beijing.

4. Go to the Trademark Registration Hall of the State Intellectual Property Office.

Trademark Registration Hall Office address: No. 1 Chama South Street, Xicheng District, Beijing 100055, China

Office hours: 8:30-11:3013:30-16:30

For more information, please call 86-10-6218500

(3) The applicant entrusts the trademark agency registered with the State Intellectual Property Office to handle the matter.

3. The handling process

(1) The applicant directly through the online service system, log in to the online service system, select "trademark registration application", fill in and submit the application online.

(2) the applicant in the trademark registration hall to handle their own, at the acceptance window to submit the application.

(3) The applicant to the trademark business acceptance window, should submit application materials through the online application, the specific requirements of the window staff shall prevail.

(4) Where a trademark agency is entrusted, the applicant may voluntarily choose any trademark agency registered with the State Intellectual Property Office to handle the matter. All trademark agencies registered with the State Intellectual Property Office are published in the China Trademark network "agencies" column.

After the applicant has submitted an application for trademark registration, the State Intellectual Property Office will examine the application. Please refer to the Trademark Registration Flowchart for the examination procedure.

4. Pre-application enquiry (Optional procedure)

If the trademark registration application is rejected, on the one hand, the applicant loses the trademark registration fee, on the other hand, it takes time to re-apply for a registered trademark, and whether the re-application can be approved for registration is still unknown. Therefore, it is best for applicants to conduct trademark inquiries before applying for registered trademarks, understand the situation of prior rights, and submit applications after making judgments based on the query results.

5. Trademark registration application procedures

To apply for trademark registration, the following documents shall be submitted:

An application for trademark registration and other relevant documents may be submitted in writing or by electronic message. In the form of data messages, the specific requirements are detailed in the relevant provisions of the "Online application" column of the China Trademark Network.

Ⅰ、 Application for Trademark Registration (the application form formulated by the State Intellectual Property Office shall be used)

1. For each trademark registration application, a Trademark Registration Application shall be submitted. If it is submitted in paper form, it shall be typed or printed.

2. If the applicant is a legal person or other organization, the official seal shall be affixed at the designated place of the application; If the applicant is a natural person, the applicant shall sign at the designated position with a pen or signature pen for confirmation.

3. Please refer to the instructions attached to the Application for Trademark Registration for details.

Ⅱ、 A copy of the applicant's identity document (only one copy is required when the same applicant applies for multiple trademark registration applications at the same time)

1. Domestic applicants

If the applicant is a legal person or other organization, identity documents marked with unified social credit code shall be used, such as copies of valid certificates such as business license, registration certificate of legal person, certificate of legal person of public institution, certificate of legal person of social organization, and practice certificate of law firm; Periodical certificate, school license, health license, etc., cannot be used as the applicant's identification documents.

If the applicant is a legal person or other organization from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region of China, the copy of the corresponding registration certificate shall be submitted.

If the applicant is a natural person, copies of valid identity documents such as ID card, passport, household registration certificate, as well as copies of business licenses for individual industrial and commercial households or copies of rural land contract management contracts shall be submitted.

If the applicant is a natural person from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region and handles the application by himself, the applicant shall submit a copy of the Mainland Travel Permit for Hong Kong and Macao Residents, the Mainland Travel Permit for Taiwan Residents or the Residence Permit for Hong Kong, Macao and Taiwan Residents within the validity period (more than one year).

2. Foreign applicants

If the applicant is a legal person or other organization, a copy of the registration certificate of the region or country to which it belongs shall be submitted. The copy of the registration certificate of the office or resident representative office of a foreign enterprise in China cannot be used as a copy of the identity document. If the above documents are in a foreign language, the Chinese translation shall be attached; If not attached, the document shall be deemed not to have been submitted.

If the applicant is a natural person and handles the application by himself, he shall submit a copy of his passport and the Foreigner's Permanent Residence Permit, Foreigner's Residence Permit or Foreigner's Residence Permit issued by the public security department within the validity period (more than one year).

Ⅲ、Where a trademark agency is entrusted to handle the matter, a Power of Attorney for Trademark Agency shall be submitted.

1. The Trademark Agency Power of Attorney shall specify the agency content and authority.

(2) Where the applicant is a foreigner or a foreign enterprise, the Trademark Proxy shall state the nationality of the applicant.

(3) The notarization and certification procedures of the Trademark proxy Letter of a foreigner or foreign enterprise and its related certification documents shall be handled in accordance with the principle of reciprocity.

Ⅳ、Trademark drawings

1. A trademark drawing shall be submitted for each trademark registration application. Where an application for trademark registration is made by means of color combination or coloring pattern, coloring pattern shall be submitted; If no color is specified, black and white drawings shall be submitted.

2. The trademark pattern must be clear, easy to paste, printed with smooth and durable paper or replaced with photos, the length and width should not be more than 10 cm, not less than 5 cm. The trademark pattern shall be affixed to the designated position in the Application for Trademark Registration.

3. Applying for trademark registration with a three-dimensional sign shall be declared in the application, and shall explain the use of the trademark in the "Trademark Description" column of the "Trademark Registration Application". The applicant shall submit a drawing capable of determining the three-dimensional shape, which shall contain at least three views.

4. Apply for trademark registration by color combination, shall be declared in the application, and in the trademark registration application "trademark description" column to text description, explain the color and trademark use.

When applying for trademark registration by color combination, the trademark drawing shall be a color block representing the color combination, or a graphic outline representing the location where the color is used. The graphic outline is not an element of the trademark and must be represented by a dotted line, not a solid line.

5. Apply for the registration of a trademark with a sound sign, it shall be declared in the application, and describe the sound trademark in the trademark pattern box, and submit a sound sample that meets the requirements, and explain the use of the trademark in the "Trademark Description" column of the "Trademark Registration Application".

(1) Description of sound trademarks. The sound applied for use as a trademark shall be described with a staff or simple notation and accompanied by a written description; If it cannot be described by staff or simple notation, it shall be described in words.

(2) Requirements for sound samples:

① If an application for the registration of a sound trademark is submitted by way of paper, the audio file of the sound sample shall be stored on a CD-ROM, and there shall be only one audio file in the CD-ROM. Where an application for registration of a sound trademark is submitted by means of a data message, the sound sample shall be correctly uploaded as required.

②The audio file of the sound sample should be less than 5MB and in wav or mp3 format.

(3) The trademark description should be consistent with the sound sample.

Ⅴ、Where the right of priority is claimed, a written declaration shall be submitted, and the documents supporting the right of priority shall be submitted simultaneously or within three months from the date of application, including the original and the complete Chinese translation. If there is no written declaration or application/exhibition country/region, application/exhibition date, application number is incomplete, it is deemed that no priority has been claimed. If the priority documents are not submitted or not submitted completely within the time limit, or the supporting documents are insufficient to prove that the priority is enjoyed, the priority shall be invalid.

Ⅵ、 Where the various certificates, certification documents and evidentiary materials submitted by the applicant are in foreign languages, the Chinese translation shall be attached; If no such document is attached, it shall be deemed that the certificate, certifying document or evidentiary material has not been submitted.

Ⅶ、 When a domestic natural person applies for trademark registration, in addition to submitting the Application for Trademark Registration, trademark pattern and other materials in accordance with the relevant provisions, it should also pay attention to meeting the relevant requirements of the Natural Person for Trademark Registration Application.

In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, when applying for trademark registration and transfer in the name of a natural person, in addition to submitting the Application for Trademark Registration and trademark drawings and other materials in accordance with the relevant provisions, the following matters should also be paid attention to:

1.Where the applicant is an individual industrial and commercial business, an application for trademark registration may be filed in the name of the applicant with the number registered in the Business License of the Individual Industrial and Commercial Business, or in the name of the operator registered on the license. When applying in the name of the operator, copies of the following materials should be submitted:

(1) the operator's ID card;

(2) Business license.

2. If the applicant is a rural contracted business household, he may file an application for trademark registration in the name of the contract signatory, and copies of the following materials shall be submitted when applying:

(1) The signatory's ID card

(2) Contract.

3. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative authority, and copies of the following materials shall be submitted when applying:

(1) the operator's ID card;

(2) Registration documents issued by relevant administrative authorities.

4. Where the applicant is a rural contracted business household, the scope of goods and services for which the application for trademark registration is filed shall be limited to the agricultural and sideline products operated by the applicant; Where the applicant is a natural person other than an individual industrial or commercial household or a rural contracted business household authorized to engage in business activities according to law, the scope of business approved by the applicant in the relevant registration documents shall be limited.

5. The State Intellectual Property Office will not accept any trademark registration application that does not comply with Article 4 of the Trademark Law.

Ⅷ、 The matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.

Where the registration is obtained by fraudulent means or any other unfair means, the State Intellectual Property Office shall declare the registered trademark invalid; Other units or individuals may request the State Intellectual Property Office to declare the registered trademark invalid.

6. Payment of trademark registration fees

When applying for trademark registration, a fee shall be paid. The amount and method of payment of trademark registration fee are described in the relevant columns.

7.Trademark registration application correction procedures (non-necessary procedures)

　　Where the trademark registration application procedures are complete, the application documents are filled out in accordance with the provisions and the fees are paid, the State Intellectual Property Office shall accept the application and notify the applicant in writing; If the application procedures are not complete, the application documents are not filled out in accordance with the provisions or the fees are not paid, the State Intellectual Property Office will not accept the application, and notify the applicant in writing and explain the reasons. If the application procedures are basically complete or the application documents are basically in conformity with the provisions, but corrections need to be made, the State Intellectual Property Office shall notify the applicant to make corrections, and it shall, within 30 days from the date of receipt of the notice, make corrections according to the specified contents and return them to the State Intellectual Property Office. If it is corrected and returned within the prescribed time limit, the application date shall be retained; If no rectification is made within the time limit or the rectification is not made as required, the State Intellectual Property Office shall not accept the application and notify the applicant in writing.

8.The substantive examination procedure of trademark registration application

The State Intellectual Property Office shall examine the applications for trademark registration received in accordance with the relevant provisions of the Trademark Law, and shall give a preliminary examination and approval to those applications for the registration of trademarks or those applications for the use of trademarks on some of the specified commodities that comply with the provisions, and publish them. Where an application for the registration of a trademark on some of the designated goods does not comply with the provisions, it shall be rejected or the application for the registration of a trademark on some of the designated goods shall be rejected, and the applicant shall be notified in writing with reasons.

9. Precautions

(1) "Notice of Acceptance of Registration Application" only indicates that the trademark registration application has been accepted by the State Intellectual Property Office, does not indicate that the application has been approved.

(2) Where the application for trademark registration is rejected, if the applicant is not satisfied with the decision of rejection, the applicant may, within 15 days from the date of receipt of the notification of rejection, apply to the State Intellectual Property Office for review.

(3) Where an objection is raised to the trademark for which an application for registration has been filed, if the applicant (that is, the person opposed) is not satisfied with the decision of the State Intellectual Property Office not to register, he may, within 15 days from the date of receipt of the notification, apply to the State Intellectual Property Office for a review.

(4) If the trademark is still an unregistered trademark after the application has been filed but before the registration has been approved, it shall still be used as an unregistered trademark. If the use of the trademark infringes on the exclusive right of another person to use the trademark, it will not affect the investigation and punishment of the relevant market supervision department.

(5) The term of validity of a registered trademark shall be 10 years, counted from the date of approval of the registration. Where a registered trademark needs to continue to be used after the expiration of its validity, the trademark registrant shall go through the formalities for renewal within 12 months prior to the expiration. If the trademark registrant fails to do so during this period, it may file a request within the six-month grace period after the expiration, but it shall pay a delay fee for accepting the renewal of registration. If no application for renewal is filed after the expiration of the extension period, the State Intellectual Property Office will cancel the registered trademark, and if the original registrant wants to continue to have the exclusive right to use the trademark, he must file a new application for registration.

The above content was revised in January 2022, if there is any change in the future, or if it is inconsistent with the requirements of the staff of the trademark registration hall in the processing, the requirements of the staff shall prevail.

Source: Three certificates

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