Trademark Services

FAQ

• What can be registered as trademarks in China?

  Signs can be registered as trademarks in China if they have distinguishable characteristics based on words, letters, devices, numerals, three-dimensional signs, colors or sounds – or the combination of these signs.

• What is the duration of a registered trademark?

  A trademark registration is valid for ten years starting from the date of registration and can be renewed indefinitely, each time for ten years. Where a registrant intends to continue to use the registered trademark beyond the expiration of the validity period, an application for renewal of the registration shall be made within 12 months before the said expiration. Where no application therefore has been filed within the said period, a grace period of 6 months may be allowed. If no application is filed at the expiration of the grace period, the registered trademark shall be canceled.

• Who is qualified for trademark registrations in China?

  Where any foreign citizen or enterprise applies for registration of a trademark in China, the application shall be handled in accordance with any agreement concluded between the country to which the applicant belongs and China, any international treaty to which both countries are parties or any principles of reciprocity.

• What is needed to secure registered patent protection in China?

  Any foreign applicant intending to apply for registration of a trademark (or to deal with trademark related matters) in China should entrust an agency that has the trademark agency qualification recognized by the State to act as his/its agent.

• What is the scope of registered trademark protection?

  A registered trademark is protected in respect of the goods/services registered, unless it is recognized as well-known trademark.

  The following acts are considered trademark infringement:

  • Using a trademark that is identical with a registered trademark in respect to the same goods without authorization of the proprietor of the registered trademark;
  • Using a trademark that is similar to a registered trademark in respect to the same goods or using a trademark identical with or similar to a registered trademark in respect of similar goods, without authorization of the proprietor of the registered trademark, where such use is likely to cause confusion;
  • Selling the goods that infringe the exclusive right to use a registered trademark;
  • Counterfeiting or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited, or made without authorization;
  • Replacing, without authorization, a registered trademark and put the goods bearing the replaced trademark on the market;
  • Intentionally providing a person with conveniences for such person’s infringement of the trademark of another person or facilitating such person’s infringement of the trademark of another person; and
  • Causing in other aspects, prejudice to the exclusive right of another person to use a registered trademark.