Common Trademark Registration Procedures

How does a foreign applicant register a common trademark in China?

Any natural, legal person or other organization is qualified to be a trademark owner in China. A Chinese trademark agency can advise in the preparation of the required documents. Required documents include: a) Trademark Registration Application, b) Power of Attorney, c) Identity Card, and d) Six copies of Trademark Sample. The fee for filing one trademark registration application in one international class is RMB 1000 (US$ 128.90 at an exchange rate of RMB 7.76 to US$ 1) covering 10 goods or service items. Each good or service item exceeding the initial 10 items, in any given application has an additional official fee of RMB 100 (US$ 12.90). Agent’s service fees for filing one trademark in one class are about US$ 300-350. These fees do not include costs for conducting trademark searches, reporting publication and registration, or dealing with any official actions in the process of registration, like litigating an opposition challenge.

The procedure to obtain a common trademark registration is as follows:

1) Design and Select a Mark

Design a mark to be registered in China. Any visible signs including words, designs, letters, numerals, three-dimensional designs, combination of colors, or any combination of these can be a registered trademark. Next, search prior trademarks for any conflicts. There are two ways to search for prior trademarks: the Chinese Trademark Office website (http://sbcx.saic.gov.cn/trade/index.jsp) which is free, and the Tongda Trademark Service Center under the General Administration of Industry and Commerce, which charges a fee.

2) Locate and Select a Registration Agency

Individuals or entities not located in China must appoint a Chinese trademark registration agency (http://sbj.saic.gov.cn/sbsq/dljg.asp) or an intellectual property rights attorney to register the trademark. U.S. agricultural enterprises with offices in China are also advised to seek professional assistance in their trademark registration.

3) Complete Required Documents

After confirming the availability of your trademark right, the trademark agent will assist the applicant with completing the necessary documents and selecting the class and description of the good or service. In addition, the applicant’s full name and address are required in the original language (English) and Chinese. If the applicant has a previous trademark application or registration in China, the same Chinese name should be used. If the applicant does not have a Chinese name, the trademark agent can provide one.

The required information and documents include:

a) Trademark Registration Application – A trademark application should be limited to one trademark of one type and be written in Chinese.
The application should indicate the following items in both Chinese and native language (English): name, nationality, complete address of the applicant, complete telephone number, fax number, joint application (if applying jointly for a trademark, attach the other applicant’s name on an separate page), class of trademark (choose common and indicate if trademark feature is either tri-dimensional, colored or both), a brief description of trademark characteristics, country of first trademark registration, date of prior application, prior application number, class, and characteristic of product of or service. The application needs to be signed by the applicant or his legal representative. It is a joint trademark application, all the applicants need to sign.

b) Power of Attorney – The power of attorney document for trademark consignment, indicating the content of consignment, limitation and the consigner’s nationality. The power of attorney should be appropriately signed and/or affixed with the seal of the applicant, granting the registration agency the right to file on the applicant’s behalf.

c) Identity Card - If the applicant is a natural person, a copy of the individual’s Identity Card together with the ID number, or a copy of the passport including the passport number.

d) Six copies of Common Mark Samples – If the mark is in color, one black and white copy must be included as part of the submission.

4) Submit Required Documents

The agency will submit the completed documents to the Trademark Office on the applicant’s behalf. Regardless of country, priority right will be given to the applicant with the earliest submission date of a trademark registration application. There are two methods to claim priority rights earlier than the application submission date. One is based on a U.S. trademark application, if made within 6 months of the Chinese trademark application. The other is exhibition of the trademark in a recognized trade show within 6 months of the Chinese trademark application.

The applicant, who originally submitted the trademark registration application to the U.S. Patent and Trademark Office (USPTO), will have 6 months to claim priority right on this initial submission date. However, if the applicant cannot supply a certified copy of the application to the China trademark registration agency with the application, the applicant will have 3 months to provide the certified copy of application to the China trademark registration agency. Irrespective of whether an applicant is claiming priority right, the filing number, date and country where the trademark was submitted must be provided.

If a product’s mark is first shown at a Chinese Central government exhibition or an international exhibition recognized by the Chinese Central government, then the applicant of the mark has priority right for 6 months from the exhibition day. The applicant has to claim the priority in writing with the application and provide proof of the mark’s use on the exhibition day. If the applicant cannot supply the documents, the applicant will have 3 months to provide them.

Once the application is submitted to the China Trademark Office, an acceptance notice will be issued within 4-6 months. At this time, applications are backlogged between 2 and 3 years before examination. Once the examination is complete, the common mark will be published in the Trademark Gazette for a 3-month opposition period. If no opposition is filed, the common mark will be approved for registration and the registration certificate will be issued. In general, the period from application submission to registration is about 30-36 months. The registration is valid for 10 years, and can be renewed.

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