Word mark

A word mark is represented using words, letters, numbers or any other characters that can be typed.

Figurative mark

A figurative mark is represented using pictures, graphics or images; a figurative mark does not contain words or letters.
adidas Trademark

Figurative mark containing word elements

A figurative mark containing word elements combines the use of pictures, graphics or images with words or letters.

Frequently Asked Questions

Learn More About Trademark Registration

Can I register a Trademark by myself in China?

According to the CHINA TRADEMARK LAW (Article 18), any foreign person or foreign enterprise intending to apply for the registration of a trademark or any other matters concerning a trademark in China shall appoint any trademark agencies which are established legally. The trademark agencies will submit the filing paper for you online (for company applicant) or by mail (for the individual applicant). You can choose us as your appointed agency in China for your trademark registration.

When Can I use ‘TM’ and ‘R’ Symbol with My Trademark in China?

In China, the Trademark is designated by the two symbols, ‘R’ and ‘TM’. The Trademark symbol ‘TM’ is a provisional symbol, used for applied but undetermined Trademarks before the Trademark Certificate. It acts as a warning symbol for potential infringers that the application, to claim the trademark is under process. The trademark symbol ‘R’ signifies the registered trademark. Once the application gets approved by the government, the ‘R’ (®) mark can be used by the proprietor for 10 years.

What is the Validity Period of a Trademark?

A registered trademark is valid for the period of ten years which may be renewed for a further period of ten years on the payment of renewal fees.

A registered trademark is valid for the period of ten years which may be renewed for a further period of ten years on the payment of renewal fees.

Is a Trademark registered in Mainland China Valid in Foreign Countries?

A trademark registered in China is valid only in Mainland China because every country has its own rules and regulations of the trademark.

What is a famous trademark application?

Firstly, a famous trademark refers to a registered trademark that has a high reputation and commercial value, is well known to the public, and is recognized according to the law.

Secondly, the quality, environment, and safety management of the company should meet the international standard and be recognized by the national authority.

What are the requirements for a famous trademark application in China?

  • If the trademark has been registered for three years and has been used for three consecutive years legitimately, and there is no objection in trademark right book. In addition, if the Trademark belongs to technology commodities and used by private enterprises, the period is only for one year. 
  • The trademark is well known by the public in the province and with a high reputation. The advertising propaganda is a certain continuity and in a broader region for the recent three years, and has certain advertising spending in the major media in the province.
  • The goods or services economic index referring to the trademark, including sales, operating income, net profit, revenue, and market share, is in the leading position in the same or similar goods or services in the province.
  • The sales territory of the commodity mentioned in the trademark, within the province, and it should cover at least nine cities and above. Outside the province,  it should cover at least five provinces or municipalities and above. If the commodity is for exports, the annual export amount should be at least $3 million, and the trademark is registered in more than 2 countries or regions.

The declaration material is not complete, the Trademark Office asks for correction, what should I do?

On the back of the correction notice, there is a detailed description of the supplement to the products/services. The applicant should fill in the instructions according to the requirements and send it back to the China Trademark Office.

What is Trademark Classification in China?

China follows the NICE Classification for trademark classes. The Nice Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; 01-34 includes goods and 35-45 includes services. In other words, you have to register for the Trademark only under the 45 classes in China.

I have registered the Trademark in English in China, do I need to register the Trademark in the Chinese Language?

Yes. The official language of Mainland China is simplified Chinese Characters. If you want to protect your brands, you’d better also register the Chinese Homophones and Synonym Trademark in the same classes. Meanwhile, the Trademark Chinese Language belongs to another Trademark.

How to Check the Availability of the Desired Trademark?

You can search the online Trademark Free Search Engine to check the availability of the desired trademark. And if you want to register the Trademark, our attorney will analyze the pass rate of the brand for Trademark Registration.

Can I Apply for an Existing registered Trademark but in a Different Class?

Yes, you can apply for the existing Trademark which is already registered but in a different class. However, the situation is different in the case of Famous Trademarks. You cannot apply for the existing Famous Trademark even in the different classes. This trademark application will have a high probability of getting objected.

What about the same or similar trademarks applied on the same day?

  • Apply to the priority of use principle, according to the notice of the China Trademark Office, applicants should hand in evidence of the date when they first used this trademark in 30 days.
  • If the applicants first used the trademark on the same day or they did not use it at all, they need to negotiate and come to a conclusion of whom the trademark belongs to. Certainly, you could negotiate with the other applicant. That means,  if there’s a conclusion, the agreement should be sent to the China Trademark Office in 30 days. Similarly, if there’s no outcome of the negotiation, either with the supervision of the Trademark Office, the applicants draw lots, or the Trademark Office brings in a verdict.

Some small items didn’t meet the standard, the trademark office asks me to rectify, what should I do?

Commodity names should be specific, accurate, standard, in accordance with the classification principle. Applicants should fill out the category, product/service name, and put the order number according to similar products and service distinction table.

What if the applicant asks to change of address or company name?

The applicant may change the name, address, and proxy in the China Trademark Office. If you need you can contact us and our attorney will help you to finish the Changement.

The graphic is not clear, the trademark office asks for correction, what should I do?

According to the requirements of the supplement notice, you should print or paste a copy of the trademark logo on the back of the notice.

What if the applicant changes the trademark name or graphics, or the minor item?

Normally, it should be refiled as a new trademark and the applicant should apply again.