Introduction and Documents Required for Trademark Registration in China

Brief Introduction

Natural persons, legal persons or other organizations which need to acquire the exclusive right of trademarks for the commodities produced, manufactured, processed, selected, sold by them or the service provided by them shall apply to the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China (hereinafter referred to as the Trademark Office) for trademark registration.

There are 45 categories in the International Classification of Goods and Services for the Purposes of the Registration, including 34 categories for commodities and 7 for services. Commodity trademarks are specified to use on commodities, and service trademarks are specified to use on service.

According to relevant regulations of the Trademark Law, the subjects applying for commodity and service trademark registration in China include natural persons, legal persons or other organizations (including public institutions, social organizations, individual industrialists and businessmen, individual partnerships, etc) and foreigners or foreign enterprises complying with Article 17 of the Trademark Law.

Documents Provided
Trademark Registration Application, Letter of Authorization of Trademark Agency (Provided by our company).

5 trademark patterns are required to be clear, with length and width no less than 5cm and no more than 10 cm respectively.

If the colors are specified, then 5 colorized trademark patterns with 1 black-and–white manuscript need to be provided.

2 copies of valid certificates proving the applicant’s subject qualification or identity:

  • A. If the applicant is an individual, then the copy of its Identity Card and Business License of individual business shall be submitted (the applicant is responsible for it);
  • B. If the applicant is an enterprise, then the Business License of Enterprise Legal Person or Business License shall be submitted;
  • C. If the applicant is an association, a public institution or other organization, then the Registration Certificate of Juridical Association or Certificate of Public Institution Legal Person or documentary evidences proving the lawful establishment of the organization shall be submitted;
  • D. If the applicant is an administrative organ, then documentary evidences from the competent authority at higher level related to the establishment of the organ shall be submitted.
  • E. If the trademark used for registration is human portrait, then the notarized declaration in which the person enjoying right of portrait agrees to use this portrait for trademark registration shall be enclosed.

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