Trademark Registration in the Chinese Mainland: Frequently Asked Questions (FAQs)
I. Channels for Foreign Entities to File Trademark Registration Applications
Foreign individuals or foreign enterprises that intend to file trademark applications in the Chinese Mainland must entrust a lawfully established trademark agency to handle the application procedures.
Foreign individuals with a habitual residence in the Chinese Mainland may file applications on their own behalf. Such individuals may also file applications through the online trademark filing system of China National Intellectual Property Administration (CNIPA).
II. Documents and Information Required for Foreign Trademark Applications
The required documents and information are as follows:
No. | Item | Notes |
1 | Power of Attorney for Trademark Registration | ² Signed by the applicant ² A scanned copy is sufficient |
2 | Certificate of Incorporation | ² Still valid (For entities from Hong Kong SAR, a document showing the applicant’s validity period is required.) ² A scanned copy is sufficient |
3 | Applicant Information | ² Name and address in both Chinese and English (Should the applicant lack a pre-existing Chinese name or address, we may prepare and propose appropriate recommendations accordingly.) |
4 | Trademark Representation | ² For figurative or stylized marks: clear representation must be provided. |
5 | Designated Classes and Goods/Services | If goods/services are designated in non-standard terms, the CNIPA is not likely to accept them and might issue a Notification of Amendment. The applicant has a 45-day response period to amend the non-standard terms into standard ones or submit arguments and evidence to persuade the CNIPA to accept such terms. |
6 | Priority Claim | Priority can be claimed within 6 months from the filing date of the basic application. Priority documents can be submitted simultaneously with the application or within 3 months from the filing date. When claiming priority, the application information must be consistent with the basic application. If the designated goods/services are not accepted by the CNIPA, a Notification of Amendment will be issued, and the applicant has a 45-day response period to amend the non-standard terms into standard ones or submit arguments and evidence to persuade the CNIPA to accept such terms. |
III. Examination Procedure and Timeline for Trademark Applications for Registration in the Chinese Mainland
Stage | Timeframe | Examination Content | Outcome/Subsequent Action |
Filing | Same day | N/A | Application number and filing date obtained/confirmed |
Formal Examination | Approx. 1–2 months | Verification of completeness ofmaterials and compliance of forms | ² Acceptance and issuance of the Notice of Acceptance, or ² Issuance of Notification of Amendment or refusal of acceptance |
Substantive Examination | Approx. 3–6 months | Examination as to whether the mark violates prohibited provisions and whether it conflicts with others’ prior marks | ² Publication for preliminary approval, or ² Notification of refusal of application (Review of refusal may be filed within 30 days from the date of receipt of the notification) |
Opposition Period | Approx. 3 months | Publication of the mark; An opposition may be filed by either the proprietor of a prior right or any interested party | ² If no opposition filed within the period: registration is granted and the Certificate of Registration is issued. ² If some opposition(s) filed: the opposition proceedings commence (Response to opposition may be filed within 30 days from the date of receipt of the opposition notification) |
Registration | Upon expiry of the opposition period with no opposition or the opposition is dismissed | The trademark is registered and a Certificate of Registration (electronic only) is issued. | ² The initial validity period is 10 years from the registration date |
Under normal circumstances, trademark registration in the Chinese Mainland can be completed within approximately 6 to 9 months.
IV. Post-Registration Maintenance and Considerations
1. The validity period of a registered trademark is 10 years, commencing from the registration date. Renewal applications must be filed within 12 months prior to the expiry date. A grace period of 6 months after the expiry date is available, subject to payment of additional fees.
2. A trademark that has not been used in the Chinese Mainland for 3 consecutive years can be subject to cancellation by any party. Therefore, it is essential to ensure regular use of the trademark and to properly preserve evidence of such use.
3. For registered trademarks for goods, applicants may file the customs recordal applications with Chinese Customs.