Guide to Common Questions on Trademark Registration Application

　　I. Procedures, application documents, and fees related to trademark registration applications

　　1. Introduction to the procedures for filing trademark applicationsDomestic applicants applying for trademark registration or handling other trademark matters have two options: one is to handle it themselves; the other is to entrust a trademark agency that is registered with the Trademark Bureau of the China National Intellectual Property Administration. For self-handling, you can submit a trademark registration application online through the online service system. Detailed submission methods can be found in the “Online Application” section of the China Trademark Network, and the website address of the Trademark Online Service System is: https://sbj.cnipa.gov.cn/sbj/wssq/; Alternatively, you can go to the Registration Hall of the Trademark Bureau of the China National Intellectual Property Administration, the Trademark Examination Cooperation Centers established by the Trademark Bureau outside Beijing, or the trademark business acceptance windows established by local market supervision and administration departments or intellectual property departments entrusted by the Trademark Bureau.Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China should entrust a legally established trademark agency to handle it, except for foreigners or foreign enterprises who have a place of habitual residence or a business office in China.

　2. What is the difference between handling it yourself and entrusting a trademark agency? Which method is faster?There is no difference between the two methods in the examination of trademark registration applications. The main difference lies in the way of contact, the documents submitted, and the submission and delivery methods of documents.In terms of the way of contact, for self-handled applications, the applicant contacts the Trademark Bureau of the China National Intellectual Property Administration directly during the process; for applications handled by a trademark agency, the applicant contacts the Trademark Bureau through the trademark agency during the process, without contacting the Trademark Bureau directly.In terms of the documents submitted, for self-handled applications, the applicant should submit the relevant documents as required; for applications handled by a trademark agency, the applicant should also submit a power of attorney for the trademark agency to handle the trademark registration matters.In terms of the submission method of documents, for self-handled applications, the applicant or their agent submits the application documents directly to the Trademark Registration Hall of the Trademark Bureau of the China National Intellectual Property Administration (or to the Trademark Examination Cooperation Center established by the Trademark Bureau outside Beijing, or to the trademark business acceptance window established by local market supervision and administration departments or intellectual property departments commissioned by the Trademark Bureau), the applicant can also submit through the online application system; the agency can submit the application documents directly, by mail, or through a courier company to the China National Intellectual Property Administration, or through the online application system.Regarding the delivery method of documents, if the applicant handles the process themselves, the various documents from the Trademark Bureau are delivered to the parties; if the process is handled by a trademark agency, the documents are delivered to the trademark agency.

　　What is the process for applying for a trademark directly at the Trademark Registration Hall? When can I receive the Trademark Registration Application Acceptance Notice after applying?The staff at the Trademark Registration Hall will first review the application documents. If the application is incomplete or not filled out according to regulations, the application documents will be returned on the spot; if it基本符合规定, the application documents will be accepted. After that, the Trademark Bureau will conduct a further review of the application documents.If the application passes the further review, the Trademark Bureau will issue a payment notice, and after the applicant pays, the application will be accepted, and the 《Trademark Registration Application Acceptance Notice》 will be issued. If the application is basically in compliance with the regulations but needs correction, the Trademark Bureau will notify the applicant to make corrections. The applicant should correct and return the application documents to the Trademark Bureau within 30 days from the date of receipt of the notice, according to the specified content. If the corrections are made and returned within the specified period, the application date will be retained; if not corrected within the period or not corrected according to requirements, the Trademark Bureau will not accept the application.The 《Trademark Registration Application Correction Notice》, 《Trademark Registration Application Rejection Notice》, 《Trademark Registration Application Payment Notice》, and 《Trademark Registration Application Acceptance Notice》 are all delivered to the applicant by mail. If the applicant fills in a contact address, the documents are delivered to the contact address; if the contact address is not filled in, the documents are delivered to the address filled in by the applicant.

　　What is the process for applying for a trademark directly at the Trademark Service Acceptance Window? When can I receive the Trademark Registration Application Acceptance Notice after applying?The applicant submits a trademark registration application through the online application method at the trademark business acceptance window. The staff of the trademark business acceptance window will first review the application documents. If they basically comply with the regulations, the application documents will be received through the online service system. Afterwards, the Trademark Bureau will conduct a further review of the application documents.If the further review qualifies, the Trademark Bureau issues a payment notice, and the applicant is deemed to have applied after payment. If the further review basically complies with the regulations but requires correction, the Trademark Bureau notifies the applicant to make the correction. The applicant shall, within 30 days from the date of receipt of the notice, correct the designated content online through the online service system. If the correction is made and returned within the specified period, the application date will be retained; if not corrected within the specified period or not corrected in accordance with the requirements, the Trademark Bureau will not accept the application.The “Trademark Registration Application Correction Notice,” “Trademark Registration Application Rejection Notice,” “Trademark Registration Application Payment Notice,” and “Trademark Registration Application Acceptance Notice” are delivered to the applicant in electronic form. The applicant can check them through the electronic mail address filled in when applying.

　　What is the process for applying for a trademark through a trademark agency? When can I receive the Trademark Registration Application Acceptance Notice after applying?After the Trademark Bureau receives the application documents submitted by a trademark agency, it will review the application documents. If the application procedures are complete, the application documents are filled out in accordance with the regulations, and the fees are paid, the Trademark Bureau will accept the application; if the application procedures are incomplete, the application documents are not filled out in accordance with the regulations, or the fees are not paid, the Trademark Bureau will not accept the application. If the application procedures are basically complete or the application documents basically comply with the regulations but need to be corrected, the Trademark Bureau will notify the applicant to correct them, limiting them to correct and return to the National Intellectual Property Administration within 30 days from the date of receipt of the notice. If corrected and returned within the specified period, the application date will be retained; if not corrected by the deadline or not corrected in accordance with the requirements, the Trademark Bureau will not accept the application.The “Trademark Registration Application Correction Notice,” “Trademark Registration Application Rejection Notice,” “Trademark Registration Application Payment Notice,” and “Trademark Registration Application Acceptance Notice” will be delivered to the trademark agency.

　　Requirements and essential documents for a domestic natural person to apply for trademark registration themselvesWhen a domestic natural person directly applies for trademark registration, the following documents should be submitted: the “Trademark Registration Application Form” filled out and printed in accordance with the regulations and signed by the applicant, trademark drawings, copies of the business license of an individual industrial and commercial household, and copies of identity documents. Specific requirements for the trademark registration application form and trademark drawings can be found in the “China Trademark Network > Trademark Application > Application Guide” section.Rural contract operators can submit a trademark registration application in the name of the signatory to the contract. The scope of goods and services is limited to their own agricultural and sideline products. A copy of the contract should be submitted when applying.Domestic natural persons who meet the above conditions can submit applications independently through the trademark online application system after registering as users of the trademark online application system. For specific procedures, please check the “China Trademark Network > Online Application” section.When the same applicant handles multiple trademark registration applications simultaneously, only one copy of the ID card, copy of the individual industrial and commercial household business license, or copy of the contract of engagement is required.

　　7. Essential documents for domestic legal entities or other organizations to file trademark registration applications themselvesDomestic legal persons or other organizations directly handling trademark registration applications shall submit the following documents: the “Trademark Registration Application Form” filled in and printed according to regulations, stamped with the applicant’s official seal, trademark design, and copy of identity certificate. For specific requirements of submitting applications, please check the “China Trademark Network > Trademark Application > Application Guide” section.Domestic legal persons or other organizations can submit applications independently through the trademark online application system after registering as users of the trademark online application system. For specific procedures, please check the “China Trademark Network > Online Application” section.When the same applicant handles multiple trademark registration applications simultaneously, only one copy of an identity document (such as a copy of the business license) is required.

　　8. What are the identity documents required for domestic legal entities or other organizations to apply for trademark registration?For applicants who are domestic legal entities or other organizations, identity证明 documents marked with the unified social credit code should be used. Enterprises generally should submit their business licenses, while non-enterprises can submit documents such as the “Certificate of Legal Person Status of Public Institutions,” “Certificate of Registration of Social Organizations,” “Certificate of Registration of Non-enterprise Organizations,” “Certificate of Legal Person Status of Foundations,” and “Law Firm Practice License” as identity证明 documents.Note that periodical certificates, school running licenses, health licenses, and the like cannot be used as applicant identity证明 documents.

　　9. We are a company’s representative office in Beijing. Can we apply for trademark registration?Representative offices and offices cannot apply for trademark registration in their own names.

　　10. Requirements and essential documents for foreign individuals to file trademark registration applications themselvesForeigners should entrust legally established trademark agencies to handle trademark application matters. Foreigners with a regular place of residence in China may apply for themselves. Those who directly go to the trademark registration hall to handle the application should submit the following documents: the “Trademark Registration Application Form” filled out and printed according to regulations, signed by the applicant, trademark drawings, copies of the applicant’s identity证明 documents, and copies of the “Foreigner Permanent Residence Certificate” issued by the public security department or a “Foreigner Residence Permit” valid for more than one year. Specific requirements for the trademark registration application form and trademark drawings can be found in the “China Trademark Network > Trademark Application > Application Guide” section.Foreigners with a permanent residence in China can also submit applications through the trademark online application system. For the specific process, please refer to the “Online Application” section of the “China Trademark网 (China Trademark Net).”

　Can a foreign company handle the trademark registration application itself?Foreign enterprises without a branch in China must entrust a legally established trademark agency to handle trademark registration and other trademark matters in China. Note: A wholly-owned subsidiary of a foreign enterprise legally established in China is considered a Chinese enterprise, not its branch in China.

　　12. We are a Hong Kong (Macao/Taiwan) company, can we handle the trademark registration application ourselves?Enterprises from the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region without a branch in the mainland must entrust a legally established trademark agency to handle trademark applications. Enterprises from the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region with a branch in the mainland can handle trademark applications themselves.

　　13. Requirements and necessary documents for trademark registration applications directly by residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan regionResidents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region in China should entrust legally established trademark agencies to handle trademark application matters. Residents of the Hong Kong, Macao, and Taiwan regions who hold a valid (more than one year) “Hong Kong, Macao, and Taiwan Residents’ Pass to the Mainland,” “Taiwan Residents’ Pass to the Mainland,” or “Hong Kong, Macao, and Taiwan Residents’ Household Registration Certificate” may apply independently. Those applying directly at the Trademark Registration Hall of the Trademark Bureau should submit the following documents: a printed “Trademark Registration Application” filled out and signed by the applicant, trademark specimens, and copies of the applicant’s pass or household registration certificate. Specific requirements for the trademark registration application and trademark specimens can be found in the “China Trademark Network > Trademark Application > Application Guide” section.Residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region in China who meet the conditions for independent application may also submit their applications through the trademark online application system. For the specific process, please refer to the “China Trademark Network > Online Application” section.

　14. What is a collective trademark? What documents need to be submitted?A collective trademark is a mark registered in the name of a group, association, or other organization, to be used by the members of that organization in commercial activities, indicating the member’s qualification within the organization.When directly filing an application for collective trademark registration, in addition to submitting the printed “Trademark Registration Application Form” filled out in accordance with the regulations and stamped with the applicant’s official seal, trademark design, and copies of identity documents (confirmed by the applicant’s stamp), it is also necessary to submit the rules for the use and management of the collective trademark, the list of collective members, etc. For specific requirements for submitting the application, please refer to the “Trademark Application > Application Guide” section on the “China Trademark网”.

　　15. What is a certification mark? What documents need to be submitted?A certification mark is a mark controlled by an organization that has the ability to supervise certain goods or services, and is used by units or individuals other than that organization on their goods or services, to indicate the origin, materials, manufacturing methods, quality, or other specific qualities of the goods or services.When directly filing an application for certification mark registration, in addition to submitting the printed “Trademark Registration Application Form” filled out according to regulations and stamped with the applicant’s official seal, trademark design, and copies of identity documents (confirmed by the applicant’s stamp), a management rule for the certification mark must also be submitted. It should also provide a detailed explanation of the technical personnel, professional testing equipment, and other conditions it possesses or its entrusted institution possesses, to demonstrate its ability to supervise the specific product quality that the certification mark represents. For specific requirements of submitting the application, please refer to the “China Trademark Network > Trademark Application > Application Guide” section.

　　16. What is a geographical indication? What documents need to be submitted?Geographical indications are signs that indicate the origin of certain goods, the specific quality, reputation, or other characteristics of the goods, which are mainly determined by the natural or human factors of the region.Geographical indications can be applied for registration as证明商标 or collective trademarks. For specific requirements for submitting applications, please refer to the “China Trademark Network > Trademark Application > Application Guide” section.

　　17. Can a trademark with “***” be applied for registration?Any sign that can distinguish the goods of natural persons, legal persons, or other organizations from the goods of others, including text, graphics, letters, numbers, three-dimensional signs, color combinations, and sounds, as well as combinations of the above elements, can be applied for trademark registration. Applicants should determine the trademark they need to register based on their actual situation. For specific requirements for submitting applications, please refer to the “China Trademark Network > Trademark Application > Application Guide” section.Trademarks applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legally acquired rights of others. Trademarks that do not comply with the relevant provisions of the Trademark Law, or are identical to or similar to trademarks that have already been registered or preliminarily examined by others in the same or similar goods, shall be rejected by the Trademark Bureau and shall not be published. Applicants should consult the “Trademark Law,” “Implementation Regulations of the Trademark Law,” and “Trademark Examination and Adjudication Guide” and other relevant provisions on the China Trademark Network.

　　18. When should the fee be paid for trademark registration? Is there any other fee to be paid when receiving the registration certificate?Starting from December 30, 2019, applicants and their agencies should pay the fees to the Trademark Administration within the specified time after receiving the fee notice. No additional fees are required when collecting the registration certificate. For the amount and method of paying the trademark registration fee, please refer to the “Trademark Application > Application Guide” section on the China Trademark Network.

　　II. Filling out the trademark application form

　　1. How should the “Applicant Name” be filled out?The applicant shall fill in the name on the identity certificate. The name of the applicant shall be consistent with the seal (signature) placed in the “Applicant’s Seal (Signature)” section and the name in the attached identity certificate.If the applicant is a natural person, the identity certificate number should also be noted after the name.Foreign applicants should also fill in the English name in the English column.For joint applications, the designated representative should be filled in the “Applicant Name” field, and the names of other joint applicants should be filled in the “Appendix to the Trademark Registration Application – List of Other Joint Applicant Names” field. If there is no designated representative, the first person in the order of the application form will be the representative.

　　2. How should the “Unified Social Credit Code” be filled out?The applicant shall fill in the unified social credit code indicated on the identity certificate, foreign applicants shall not fill in this column.

　　3. How should the “Applicant Nationality/Region” be filled out?The applicant shall fill in truthfully, domestic applicants shall not fill in this column.

　　How should the “Applicant Address” be filled out?The applicant shall fill in according to the address in the identity certificate. If the address in the identity certificate does not include administrative divisions such as provinces, cities, and counties, the applicant shall add the corresponding administrative division names.The address of foreign applicants who meet the conditions for handling trademark applications themselves shall be filled in in detail with administrative divisions such as provinces, cities, and counties.Foreign applicants who do not meet the conditions for handling trademark applications themselves shall also fill in the Chinese and English addresses in detail.

　How should the “Domestic Applicant Contact Address” be filled?Domestic applicants fill in this column to receive legal documents for subsequent trademark applications of this trademark; at the same time, it is also used for domestic applicants who handle applications themselves to receive various documents of this application. If the domestic applicant does not fill in the contact address, the documents will be delivered to the address filled in the applicant address column. If the documents of the National Intellectual Property Administration cannot be delivered, they will be delivered by announcement.

　　What are “Domestic Receiver” and “Domestic Receiver Address”? How should they be filled out?The “Domestic Representative of Foreign Applicants,” “Domestic Representative Address,” and “Postal Code” columns are for foreign applicants to fill in. Foreign applicants shall designate a domestic representative in the application to be responsible for receiving legal documents for subsequent trademark applications from the National Intellectual Property Administration. The domestic representative address should be filled in with detailed administrative divisions such as provinces, cities, and counties.Domestic applicants do not need to fill in this field.

　7. “Domestic address of the domestic recipient” is a mailing address? Can our company fill it in?“Domestic address of the domestic recipient” refers to the address of the domestic recipient designated by the foreign applicant, not the applicant’s mailing address. Domestic applicants do not need to fill in this field and can fill in the “Domestic applicant’s contact address” column.

　　What is the “Declaration of Trademark Application”? How should it be filled out?Applicants applying for the registration of collective trademarks, certification marks, three-dimensional signs, color combinations, and sound marks, or two or more applicants jointly applying for the registration of the same trademark, shall declare in this column. Applicants shall select according to the application content and attach relevant documents.

　　How to distinguish between a color combination trademark and designated colors when applying?A color combination trademark refers to a trademark composed of two or more colors. When applying for trademark registration with a color combination, it should be stated in the application, i.e., check “applying for trademark registration with a color combination” in the “Trademark Application Declaration” section, and affix a colored specimen in the trademark drawing box. A trademark with specified colors refers to a colored text, graphic, or their combination in the trademark drawing. When applying, do not check “applying for trademark registration with a color combination,” and simply affix a colored specimen in the trademark drawing box.When applying for trademark registration with a color combination, in addition to declaring it in the application, the following points should be noted:(1) The constituent elements of a color combination trademark are two or more colors. When applying for trademark registration with a color combination, the trademark drawing should be a color block indicating the color combination method, or a graphic outline indicating the color usage position. The graphic outline is not a constituent element of the trademark and must be represented by dashed lines, not solid lines.(2) When applying for trademark registration with a color combination, a written description should be submitted, indicating the color code and explaining the trademark usage method. The written description, color code, and trademark usage method should be filled in the “Trademark Description” field.

　　What is the “Priority Based on the First Application”? How should it be filled out?Article 25 of the Trademark Law states that if the trademark applicant files a trademark application in a foreign country for the first time and then files a trademark application in China for the same goods with the same trademark within six months of the first application, they may enjoy priority rights according to the agreement between that foreign country and China, or a relevant international treaty, or in accordance with the principle of mutual recognition of priority rights.If the applicant claims priority based on Article 25 of the Trademark Law, they should select “Based on the first application for priority” and fill in the fields “Application/Exhibition Country/Region,” “Application/Exhibition Date,” and “Application Number.” The applicant must also submit the priority right certificate (including the original and a Chinese translation). If the priority right certificate cannot be submitted at the same time, they should select “Priority right certificate to be submitted later” and submit it within three months from the date of application. If no written statement is made or the priority right certificate is not submitted within the specified period, it shall be deemed that the priority right is not claimed.The priority right certificate refers to the copy of the trademark registration application documents submitted by the applicant for the first time. This copy must be certified by the trademark administrative authority that accepted the application, and should indicate the application date and application number.

　　If the first application abroad is made under a “one mark, multiple classes” basis, can it be applied for as “one mark, one class” in China and claim priority? How many priority proof documents need to be submitted?When the applicant claims priority based on Article 25 of the Trademark Law, if multiple trademark registration applications by the applicant are based on the same initial application requesting priority, one original priority certificate can be submitted in one application, and in the other applications, specify the exact application file where the original priority certificate is located. If the priority certificate is submitted within three months from the date of application, a statement should be attached, indicating all trademark registration application numbers based on that priority certificate.

　　12. Is it possible to apply for multiple classes with one trademark and claim priority in China, given that the first application abroad was submitted as one trademark per class (multiple applications for the same trademark in different classes on the same day)? How should it be filled out?When the applicant claims priority based on Article 25 of the Trademark Law, priority can be claimed for multiple initial applications in the same country, on the same application date, and for the same trademark, by filling in the application numbers of the initial applications one by one in the “Application Number” column and attaching the priority certificate for all application numbers.

　　13. Can priority be claimed for the use of a trademark on goods exhibited at an exhibition? How should it be filled out?Article 26 of the Trademark Law stipulates that if a trademark is first used in goods exhibited at an international exhibition hosted or recognized by the Chinese government, the registered applicant of the trademark may enjoy priority within six months from the date of the exhibition of the goods.When the applicant claims priority based on Article 26 of the Trademark Law, select “Priority Based on Exhibition” and fill in the columns “Application/Exhibition Country/Region” and “Application/Exhibition Date”. The applicant shall also submit the priority certificate (including the original and Chinese translation). If the priority certificate cannot be submitted at the same time, select “Priority Certificate to be Submitted Later” and submit it within three months from the date of application. If no written statement is made or the priority certificate is submitted late, it shall be deemed that priority is not claimed.Priority proof documents should include the name of the exhibition where the goods were displayed, evidence of the use of the trademark on the displayed goods, the exhibition date, etc. Priority proof documents are generally issued or certified by the organizer of the exhibition.

　　14. How should the “Trademark Description” be filled out?The applicant shall fill in according to the actual situation. When applying for trademark registration for three-dimensional signs or sound signs, the method of using the trademark shall be described. When applying for trademark registration for color combinations, a written description shall be submitted, indicating the color code, and the method of using the trademark shall be described. If the trademark is in a foreign language or contains a foreign language, the meaning shall be explained.Other matters that the applicant considers necessary to explain can also be stated in this section.

　　15. How should the “Category” and “Goods/Services” be filled out?The applicant for trademark registration may apply for registration of the same trademark for multiple categories of goods through one application. The applicant shall fill in the category and the name of the goods/services according to the “Similar Goods and Services Classification Table”. The goods/services shall be filled in according to the category, and the serial number shall be marked before each item in the category. If the categories and goods/services cannot be filled in, they can be filled in according to the format of this application in the attachment. After all categories and items are filled, “End” shall be noted.In the “Goods/Services” column of the “Trademark Registration Application”, the specific name of the goods/services (such as the item name with a 6-digit code in the “Similar Goods and Services Classification Table”) shall be filled in, and category headings and similar group names (with a 4-digit code) shall not be filled in.

　　16. What is the Nice Classification? What is the “List of Similar Goods and Services”?The International Classification of Goods and Services for the Registration of Marks (Nice Classification) was formulated based on an agreement reached at the Nice外交会议 on June 15, 1957 (the Nice Agreement). Each member state of the Nice Agreement is obligated to use the Nice Classification in trademark registration and must indicate the international class number of the goods or services to which the registered trademark pertains in official documents and publications related to trademark registration. China joined the Nice Agreement in 1994.The Similar Goods and Services Distinction Table was compiled by the trademark administrative authorities for the needs of trademark search, examination, and management. It summarizes years of practical work experience and widely solicits opinions from various departments, grouping certain goods or services that have specific connections and are prone to causing confusion together. The Similar Goods and Services Distinction Table can serve as a reference for trademark examination personnel, trademark agents, and trademark applicants to determine similar goods or services, and can also serve as a reference for administrative and judicial authorities when handling trademark cases.

　　17. For the product “***”, in which class should it be declared? (i.e., how to determine the declaration class)The Similar Goods and Services Distinction Table follows the system of the International Classification of Goods and Services for the Registration of Marks (Nice Classification). The title of each category in the distinction table generally indicates the scope of goods or services that fall into that category, and the [Notes] for each category provide guidance for determining the category of goods and services. Applicants can determine the declared category based on the category titles and notes of each category.If, after examination, the applicant’s declared category is incorrect or the item names are non-standard, the Trademark Bureau will issue a correction notice requiring the applicant to make corrections.

　　18. What are the principles of product classification?The International Classification of Goods and Services for the Registration of Marks (Nice Classification) provides the general principles for the classification of goods and services. Applicants can refer to it. Generally, the names of goods or services listed in the category titles are, as a rule, the generic names for the general scope to which these goods or services belong. Therefore, to determine the classification of each good or service, one must consult the classification table arranged in alphabetical order. If a particular good cannot be classified according to the classification table (the classification by order of categories, the notes, and the alphabetical classification), the following explanation indicates the feasible criteria:(1) Finished products are generally classified according to their function or use. If the functional or use of a finished product is not covered by any of the category headings, it should be classified according to the alphabetical list of similar finished products. If there are no similar products, it can be classified according to auxiliary criteria, such as the raw material or operating method of the finished product.(2) Multi-functional composite products (such as a combination of a clock and a radio) can be classified in all categories corresponding to the function or use of their respective components. If the functional or use of these products is not covered by any of the category headings, the standard shown in paragraph (1) may be applied.(3) Raw materials, unprocessed products, or semi-finished products are generally classified according to the raw materials they are made of.(4) If a product is an integral part of another product and cannot be used for other purposes under normal circumstances, it should generally be classified in the same category as the product it constitutes. In all other cases, the standard shown in paragraph (1) should be applied.(5) Finished or unfinished products are classified according to the raw materials they are made of. If they are made of several different raw materials, they are generally classified according to their main raw materials.(6) Special containers for holding goods are generally classified in the same category as the goods themselves.For the declaration of goods and services, please refer to the “China Trademark Network > Trademark Application > Goods and Services Classification” section.

　　19. What are the principles of service classification?The “Nice Classification” of “Trademark Registration for Goods and Services” provides the general classification principles for goods and services. Applicants can refer to it. Generally, the names of goods or services listed in the category headings are considered the general names that roughly define the scope of these goods or services. Therefore, to determine the classification of each good or service, one must refer to the classification table arranged in alphabetical order. If a service cannot be classified according to the classification table (category table, notes, and alphabetical list), the following explanation indicates the feasible standards for each case.(1) Services are generally classified according to the industries listed in the service class headings and their notes. If not listed, they can be classified according to similar service categories in the alphabetical order table.(2) Rental services are generally classified in the same category as the service achieved through the rented item (e.g., renting telephones, classified in Class 38). Lease services are similar to rental services and should adopt the same classification principle. However, financial leasing is a financial service and is classified in Class 36.(3) Services providing advice, information, or consultation are generally classified in the same category as the subject matter involved in the service. For example, transport consultancy (Class 39), business management consultancy (Class 35), financial consultancy (Class 36), and beauty consultancy (Class 44). Providing advice, information, or consultation electronically (e.g., by telephone, computer) does not affect the classification of such services.(4) Franchise services are generally classified in the same category as the services provided by the franchisor (e.g., franchised business consultancy (Class 35), franchised financial services (Class 36), franchised legal services (Class 45)).For the declaration of goods and services, please refer to the “China Trademark Network > Trademark Application > Goods and Services Classification” section.

　　What is the relationship between the items in the classification table? For example, in the 20th class, there are both “furniture” and “metal furniture,” how should I choose?In the International Classification of Goods and Services for the Registration of Marks (Nice Classification), although the items within the same category may have conceptual inclusion or intersection relationships, Nice Classification does not define the concepts of the items. The names of goods and services listed in the item tables of each category are intended to indicate the category to which different goods and services belong, for the convenience of applicants when filing trademark registration applications for classification reference. Taking the items “furniture” and “metal furniture” in Class 20 as an example, since in Nice Classification some goods are classified according to material, for example, metal building materials belong to Class 6, non-metallic building materials belong to Class 19, but furniture is not classified according to material, furniture of all materials belongs to Class 20. In order to clearly indicate that metal furniture also belongs to Class 20, in addition to “furniture”, “metal furniture” is also included in the Class 20 items.The “Similar Goods and Services Distinction Table” follows the system of the “International Classification of Goods and Services for the Registration of Marks” (Nice Classification). Applicants can select the names of the items to declare according to their actual situation.

　　What should I do if the item to be declared is not in the classification table? (i.e., how to determine the commodity name)The “Similar Goods and Services Distinction Table” follows the system of the “International Classification of Goods and Services for the Registration of Marks” (Nice Classification). The title of each category in the distinction table generally indicates the scope of goods or services included in that category, and the [Notes] in each category provide guidance for determining the category of goods and services. For goods or service items not listed in the classification table, applicants can refer to the title and [Notes] of each category in the “Similar Goods and Services Distinction Table” to first determine the declaration category; they should be filled in according to the classification principles, using specific, accurate, and standardized names, and avoid using ambiguous, overly broad names that are not sufficient to distinguish their category or similar group of goods or services. On the one hand, it is necessary to pay attention to the names of the goods or service items themselves being clear and accurate, and conforming to the language habits and writing rules of the general public; on the other hand, it is necessary to pay attention to being distinguishable from the goods or service items of other categories, and should not cause confusion and misidentification.Example 1: In the computer industry, “laptop” is commonly used to refer to “laptop computer”, but this is an informal abbreviation. Normally, “laptop” refers to paper stationery, which belongs to Class 16. When declaring in Class 9, “laptop computer” or “notebook computer” should be declared.Example 2: “Electric motor.” An electric motor is a machine that generates and applies electrical energy, including generators and motors. According to the current classification principles, “generators” fall under Class 7; while “electric motors” are divided into “electric motors for land vehicles” and “electric motors for non-land vehicles,” the former belongs to Class 12, and the latter belongs to Class 7. Therefore, “electric motor” and “electric motors” are both non-standard product names.Example 3: “Processed foods.” Most processed foods fall under Class 29, but they belong to different similar groups, such as cooked pork belonging to similar group 2901, cooked fish belonging to similar group 2902, cooked fruits belonging to similar group 2904, and cooked vegetables belonging to similar group 2905, and so on. Therefore, “processed foods” is a non-standard product name.Applicants should use specific, accurate, and standardized product names when filing. The Trademark Bureau will review the product names filed by applicants. If they are non-standard, a correction notice will be issued, requiring applicants to make corrections.For the declaration of goods and services, please refer to the “China Trademark Network > Trademark Application > Goods and Services Classification” section.

　　Requirements for the trademark drawingPrint or affix one copy of the trademark design in the designated position on the application form. The trademark design should be clear, with a length and width not exceeding 10 centimeters and not less than 5 centimeters.For trademark registration applications using color combinations or colored designs, a colored design should be submitted along with one black and white draft; for applications without specified colors, a black and white design should be submitted. For color combination trademarks and specified color trademarks, a separate black and white draft should be produced, creating a clear black and white design, not simply photocopying the original design. This black and white draft is not required to be submitted at the time of registration application. If the examination requires it later, the National Intellectual Property Administration will notify the applicant to submit it separately.For trademark registration applications using color combinations or colored designs, a colored design should be submitted along with one black and white draft (which can be omitted at the time of registration application, and the Trademark Bureau will notify the applicant to submit it separately if needed later); for applications without specified colors, a black and white design should be submitted.For trademark registration applications using three-dimensional signs, submit a design that can determine the three-dimensional shape, and the submitted trademark design should include at least three views.When applying for trademark registration with a sound mark, the sound to be used as a trademark shall be described using a staff notation or simplified notation and accompanied by a written explanation; where the sound cannot be described using a staff notation or simplified notation, it shall be described in writing; the trademark description and the sound sample shall be consistent.

　　What points should I pay attention to when applying for a three-dimensional trademark?A three-dimensional mark trademark, also known as a立体商标. When applying for trademark registration with a three-dimensional mark, the applicant shall select “apply for trademark registration with a three-dimensional mark” in the “Trademark Application Declaration” column of the application form, describe the use of the trademark in the “Trademark Description” column, and attach one copy of the trademark design in the trademark design frame of the application form.When applying for trademark registration with a three-dimensional mark, the trademark design should be able to determine the three-dimensional shape and should include at least three views (front view, side view, top view, bottom view, etc.). The multi-view designs submitted should belong to the same three-dimensional mark, and the overall design containing multi-views should not exceed 10×10 cm and should not be smaller than 5×5 cm.If a three-dimensional mark contains text, the text portion should be in the correct position in the three-dimensional shape view and cannot be separate from the view.

　　What should be noted when applying for a color combination trademark?A ‘color combination trademark’ refers to a trademark composed of two or more colors, with color being its constituent element. When applying for trademark registration with a color combination, the applicant shall select ‘apply for trademark registration with a color combination’ in the ‘Trademark Application Declaration’ section of the application form; list the color names and color codes in the ‘Trademark Description’ section and describe the use of the trademark; and provide one colored sample in the trademark drawing box of the application form.When applying for trademark registration with a color combination, the trademark drawing should be a color block indicating the color combination method, or a graphic outline indicating the color usage position. The graphic outline is not a constituent element of the trademark and must be represented with dashed lines, not solid lines.

　　Is it necessary to declare when applying for a designated color trademark? How to fill it out?When applying for trademark registration with a colored sample, no declaration is required. Only provide one colored sample in the trademark drawing box of the application form.

　　What should be noted when applying for a sound trademark?When applying for trademark registration with a sound sign, the applicant shall select ‘apply for trademark registration with a sound sign’ in the ‘Trademark Application Declaration’ section of the application form and describe the use of the trademark in the ‘Trademark Description’ section.Additionally, one copy of the trademark design should be printed or affixed within the trademark design frame on the application form. This trademark design should describe the sound trademark for which registration is being applied. Specifically: Use staff notation or simple notation to describe the sound intended to be used as a trademark and attach a text description; if the sound cannot be described using staff or simple notation, it should be described in words. Note: The entire trademark description (including staff or simple notation and text description) should be prepared on one copy of the trademark design. The description should be accurate, complete, objective, and easy to understand. The trademark description should be consistent with the sound sample. For example, if the sound sample contains lyrics, the trademark description should also mention the lyrics. Additionally, the staff or simple notation should not contain the name of the tune.When applying for trademark registration using a sound logo, a sound sample must also be submitted. The audio file of the sound sample should be stored on a read-only disc, and the disc should contain only one audio file. The audio file of the sound sample should be less than 5MB and in wav or mp3 format. Note: The trademark description should be consistent with the sound sample.

　　What is the use of a trademark? When is it required to be filled out?In simple terms, the way of using a trademark refers to the method by which the applicant uses the trademark, such as the manner or circumstances in which the applicant uses the trademark on the goods or services for which the application is made. For example, if the candy produced by the applicant has a special three-dimensional mark shape, then when the applicant applies for trademark registration for the three-dimensional mark in class 30 goods “candy,” the way of using the trademark can be filled in as “the three-dimensional mark is used on the shape of the candy.”When applying for trademark registration with a three-dimensional mark, a color combination, or a sound mark, the way of using the trademark should be explained in the “Trademark Description” section.

　　III. Regarding the Correction of Trademark Registration Applications

　　1. Received the rectification notice, how should I rectify it? Is it necessary to pay additional fees?The correction notice has listed the matters requiring correction, and there is a detailed “Explanation of Goods/Services Correction” on the back of the correction notice. The applicant shall fill in and return to the National Intellectual Property Administration according to the correction requirements and instructions. There is no fee for responding to the correction.

　　2. The trademark design was submitted incorrectly, can I resubmit the design during rectification?After the trademark registration application is submitted, the trademark design cannot be modified. If the trademark design is unclear or the National Intellectual Property Administration requires the applicant to make a correction, the applicant can resubmit a clear trademark design, but the trademark design cannot be changed.

　　3. The rectification requires submitting copies of the sources of the written methods of the characters in the design, how should I rectify it?If copies of the source of the writing style of the text in the submitted drawings are required, the copies of the pages where the text appears in various dictionaries, calligraphy books, and other officially published materials should be submitted. The writing style of the text on the copies should be consistent with the writing style of the text in the trademark design.If the text is designed by the applicant and has no source, it should be noted.

　　How should I correct it when the classification correction says the commodity name is not?The name of the goods should be as specific, accurate, and standardized as possible to clearly define the scope of protection for the trademark. Applicants should try to use existing names of goods or service categories from the “Trademark Registration for Goods and Services Classification List.” If existing names are not used, they should be filled in according to the classification principles, using specific, accurate, and standardized names, avoiding vague, overly broad names that are not sufficient to distinguish their category or similar group.On the one hand, the name of the goods or service category itself should be clear and accurate, conforming to the language habits and rules of general public usage. For example, terms such as “not belonging to other categories,” “belonging to this category,” or “the aforementioned goods” should not be used, nor should expressions like “…, that is…” be used. Vague declarations such as “×××’s accessories” or “×××’s attachments” should be avoided, and specific names of goods should be declared.On the other hand, it should be distinguishable from goods or service categories in other classes to avoid confusion and misidentification. For example, “Holiday Camping Services” span categories, where “Holiday Camping Entertainment Services” belong to Class 41, and “Holiday Camping Accommodation Services” belong to Class 43.

　　I have already submitted the commodity specification when applying, why is a correction still issued?Product descriptions help the Trademark Bureau determine the category and similar group of goods, but it does not mean that as long as a product description is submitted, the product name can be accepted. For example, “home appliances” is a commonly accepted term for goods in daily life, but it covers a very broad range and involves multiple categories of goods in the product classification table. It is not allowed to use it when applying for trademark registration. In addition, for some multi-functional products, they can be classified into the corresponding category based on their function. As for which category to declare, it is determined by the applicant based on their actual situation. Applicants can declare in one or more categories. When applying for trademark registration, the product name should be specific, accurate, and standardized, and comply with the classification principles; it is necessary to avoid using vague, non-specific, overly broad terms that are not sufficient to distinguish their category or similar group.

　　The classification correction says the commodity name is not, but it is how it is called in the industry, how should I correct it?Product names should strive to be specific, accurate, and standardized to clearly define the scope of protection for the trademark. For example, in the computer industry, “laptop” is often used to refer to “laptop computers,” but this is an informal abbreviation. Normally, “laptop” refers to paper stationery and belongs to Class 16. When declared in Class 9, it should be declared as “laptop computer” or “notebook computer.” For example, “motor” refers to a machine that generates and applies electrical energy, including generators and motors. According to the current classification principles, “generators” belong to Class 7; while “motors” are divided into “land vehicle electric motors” and “land vehicle electric motors,” the former belongs to Class 12, and the latter belongs to Class 7. Therefore, applicants should use specific, accurate, and standardized product names when declaring.

　　The classification correction says the commodity name is not规范, I filled it out according to the previously approved name, why is it still corrected?The standard for product categories is not fixed; the Nice Classification Expert Committee regularly revises the Nice Classification. Applicants should declare according to the version of the Nice Classification in effect at the time of application.

　　8. A new classification table has been implemented this year. I applied last year. Can I declare items from the new classification table during the classification correction?For trademark registration applications filed before the implementation of the new classification table, the principles and standards for the declared categories of goods and services apply to the old classification table.For example, in the 2015 text of the “Similar Goods and Services Distinction Table,” “insect needles” are classified under Class 16. The 2016 text of the 10th edition of the Nice Classification adds the product “insect needles” to Class 26. Correspondingly, the 2016 text of the “Similar Goods and Services Distinction Table” adds “insect needles” to Class 26 and removes “insect needles” from Class 16. If an applicant filed a trademark registration application in 2015 and received a correction notice in 2016, and if the applicant wishes to declare the product “insect needles,” they should still declare it under Class 16 according to the 2015 text and cannot declare it under Class 26 according to the 2016 text.

　　9. Three classes were declared on one application form, but only one class needs to be corrected. If the correction is not qualified, will it affect the other two classes?The Trademark Bureau notifies the applicant to make corrections, but if the applicant fails to correct within the specified period or does not correct according to the requirements, the Trademark Bureau will not accept the application. The Trademark Bureau makes the decision of non-acceptance for this trademark registration application, and therefore, the other two categories of this application cannot retain the application date.

　　10. How should the start time of the correction be calculated for the correction notice received from the return letter window in the registration hall?According to the “Implementing Rules of the Trademark Law,” the date of delivery of various documents sent by the National Intellectual Property Administration to the parties is determined by the date the parties receive the postmark; if the postmark is unclear or there is no postmark, it is deemed as delivered to the parties 15 days after the document is sent, except where the parties can prove the actual date of receipt; for direct delivery, the date of delivery is considered the delivery date; for delivery in the form of electronic data messages, it is deemed as delivered to the parties 15 days after the document is sent, except where the parties can prove the date the document enters their electronic system; if the document cannot be delivered through the above methods, it can be delivered by public notice, and 30 days after the notice is published, the document is deemed as delivered to the parties.When the applicant collects the rectification notice at the return letter window in the registration hall, if the National Intellectual Property Administration has not published a delivery notice, or although it has published a delivery notice but 30 days have not elapsed since the notice was published, the applicant collecting the return letter is deemed as delivery to the parties; if the National Intellectual Property Administration has published a delivery notice and 30 days have elapsed since the notice was published, the document is deemed as delivered 30 days after the notice is published.

　　Other

　　1. Why is the period for receiving the trademark registration application acceptance notice sometimes long?After receiving the trademark registration application documents, the Trademark Bureau first examines the application procedures and application documents; if they basically comply with the regulations, paper application documents need to be digitized (scanned, entered); then, it examines whether the declared goods and services are standardized and whether they comply with the declared classes; determines the trademark elements (graphics and text). Upon passing the review and the applicant paying the trademark fee, an acceptance notice is issued. If the review requires correction, the Trademark Bureau will notify the applicant to make the correction. After the applicant corrects it according to the requirements within the specified period and passes the review, an acceptance notice is issued. Currently, the Trademark Bureau is vigorously promoting the reform of trademark registration convenience, and the issuance time of acceptance notices has been shortened to one month. If there are circumstances requiring correction, the issuance time of acceptance notices will be extended accordingly. We hope that all trademark applicants will understand.

　　What should I do if I received the “Notice of Rejection of Trademark Registration Application” but have already paid the fee?Paying the fee is the last step in the trademark acceptance process. If the application procedures are incomplete or the application documents are not filled out according to the regulations, the acceptance fee for the trademark registration will not be collected. If the applicant entrusts an agency to handle the application and pays the fee to the agency, please contact the agency. If the fee has been paid online through the online application system, the amount will be refunded to the original payment card or account.

　　Why can’t I find my registered application in the China Trademark Online Database even though it has been submitted?This may involve various circumstances. For example, the goods or services declared by the applicant are not standardized and require correction; or the applicant entrusts an agency to handle the application, but the Trademark Bureau has not received the application documents submitted by the agency.If the applicant needs to inquire whether the Trademark Office has received the application documents, it is recommended that the applicant send a letter of inquiry, which should include detailed information such as the applicant’s name, the name of the agency, the category of application, the trademark, the submission date, and the number of registered mail or express delivery.

　　Can I start using the trademark after receiving the acceptance notice?The acceptance notice only indicates that the trademark registration application has been accepted by the Trademark Bureau, but does not mean that the applied-for trademark has been approved for registration. The trademark remains unregistered until it is officially approved for registration. It must still be used as an unregistered trademark. If using such trademark infringes upon the exclusive right of others’ trademarks, it will not affect the investigation and punishment of such acts by relevant administrative departments.

　　What should I do if I lose the acceptance notice? Can it be reissued?The acceptance notice only indicates that the trademark registration application has been accepted by the Trademark Bureau, but does not mean that the applied-for trademark has been approved for registration, and there is no process for reissuance. If the applicant truly has special circumstances, they should write a letter explaining the reason, and the Trademark Bureau will determine whether to reissue it based on the actual situation.

　　What are the circumstances where applications will not be accepted?Generally speaking, the main circumstances that may lead to the rejection of a trademark registration application include (but are not limited to) the following:

• The application documents are incomplete, lacking the application form, trademark drawings, and copies of the applicant’s identity certificate.
• The application is submitted in paper form and is not typed or printed.
• The application does not use the correct application form as required;擅自 modifying the application form.
• The application does not include the name of the goods/services.
• The application is not in Chinese; various documents, certificates, and evidence materials submitted are in a foreign language, without a Chinese translation file attached and stamped with the applicant’s, agent’s, or translation company’s seal.
• The applicant’s name or address is not filled in the application form.
• The applicant’s name, seal or signature, or the attached copy of the identity document on the application form are inconsistent.
• The trademark design is not printed or attached within the designated area on the application form, or the printed or attached trademark design exceeds the specified size range.
• A declaration is made that two or more applicants jointly apply to register the same trademark, but the attached page filled with the names of the joint applicants and stamped or signed by them is not submitted simultaneously.
• The applicant is a domestic natural person and has not submitted the application documents in accordance with the provisions of Article 4 of the Trademark Law.
• The prescribed fees have not been paid to the Trademark Bureau.
• The Trademark Bureau notified the applicant to make corrections, but the applicant failed to make corrections by the deadline or did not make corrections according to the requirements.

7. How can I check if a trademark can be registered? – This is about conducting a preliminary inquiry“China Trademark网” provides free trademark query information. You can log in to “China Trademark网” and click on the “Trademark Query” column to conduct trademark similarity searches. There are six query methods: Chinese characters, pinyin, English, numbers, prefixes, and graphics. The “Trademark Examination and Adjudication Guide” has also been published on “China Trademark网”.

　　8. How to check the registration status of a trademark?——Post-event inquiry“China Trademark网” provides free trademark query information. You can log in to “China Trademark网” and click on the “Trademark Query” column to conduct trademark status inquiries by application/registration number. You can also conduct comprehensive trademark searches by reported category, application/registration number, and applicant name.

　　What is the application for issuing a priority certificate? What is the procedure and time frame?Within 6 months of filing a trademark registration application domestically, if the applicant applies for the registration of the same trademark in other member states of the Paris Convention for the Protection of Industrial Property with a claim of priority, they should apply to the Trademark Bureau for the issuance of a priority certificate. The applicant shall submit the “Application for Issuance of Priority Certificate,” a copy of the applicant’s identity certificate, and if办理 directly by an agent, a copy of the agent’s identity certificate, and if办理 through a trademark agency, the “Trademark Agency Authorization Letter.” If the application is complete, the application documents are filled out in accordance with the regulations, the fee is paid, and the application meets the requirements, the Trademark Bureau will issue the “Priority Certificate” to the applicant.When applying for the issuance of a priority certificate, if the trademark registration application has not yet been accepted, the Trademark Bureau will issue the priority certificate after the trademark registration application is accepted. If the trademark registration application is rejected by the review, the Trademark Bureau will not issue the priority certificate.

　　The trademark information displayed on the Chinese Trademark Online is incorrect. What should I do?Log in to the China Trademark Network, click on the “Trademark Inquiry” section, and enter the “Error Information Feedback” interface. Applicants can provide feedback to the Trademark Bureau on error information through this interface.

　　11. Do you need to re-register after the classification adjustment?The exclusive right to use a registered trademark is limited to the approved trademark and the designated goods (services). The applicant should determine whether to re-register based on whether the goods (services) listed on the trademark registration certificate are consistent with the goods (services) requiring trademark protection. If the registered trademark needs to obtain exclusive right protection on goods (services) outside the designated scope, a separate registration application should be submitted.

　　I have obtained the registration certificate, but the products I am now producing are somewhat different from those on the registration certificate. Will they be protected?The exclusive right to use a registered trademark is limited to the approved trademark and the designated goods. If the registered trademark needs to obtain exclusive right protection on goods outside the designated scope, a separate registration application should be submitted.

　　13. The currently used trademark is not completely the same as the registration certificate, do I need to re-register?The exclusive right to use a registered trademark is limited to the approved trademark and the designated goods. If the registered trademark needs to change its mark, a separate registration application should be submitted.

　　14. After submitting the online application, is it still necessary to submit paper documents?For online trademark registration applications, applicants are not required to submit paper documents. However, if applicants claim priority and declare that the priority document will be submitted later, they should submit the paper priority certificate to the Trademark Bureau as required. The Trademark Bureau is vigorously promoting the construction of the online application system. Applicants are requested to carefully read the online trademark application guide and proceed according to the relevant requirements.

　　15. Requirements for trademark agent agencies to submit trademark application documentsSee “China Trademark Network > Trademark Agency > Business Guide > Precautions for Submitting Trademark Application Documents.”The above content was published in January 2022, and if it changes according to relevant laws, regulations, and regulatory documents in the future, our bureau will update the relevant content at any time.