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The Trademark
Law of the People's Republic of China stipulates that
goods mark, service mark, collective mark and certification
mark can be registered in China and obtain trademark exclusive
rights. Trademarks should be visible marks, including
words, device, letters, digits, 3-D marks and combinations
of colors, and combinations of any of the aforementioned.
Sound or smell is not registrable yet in China.
A goods mark refers to a mark for goods produced, manufactured,
processes, selected or marketed.
A service mark refers to a mark used by service provider
to differ its service from service provided by a third
party.
A collective mark refers to a mark registered in the
name of a group, an association or any other organization
and to be used by its members in their commercial activities
to indicate their membership.
A certification mark refers to a mark which is controlled
by an organization capable of supervising a particular
type of goods or service used in respect of goods or services
by other organizations or individuals who do not belong
to the said organization, with a view to certifying the
origin, raw material, mode of manufacture of goods or
performance of services, quality or other characteristics
of the goods or services.
The Chinese Trademark Office adopts International
Classification (8th Edition), 45 classes in total. One
trademark application is for one trademark in one class.
Before filing of trademark registration application,
the applicant should decide the class and the detailed
goods or service items in the class.
The qualification of trademark registration applicant:
natural person, legal entity or other type of organization.
The trademark registration term is 10 years, starting
from the date of registration.
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