Patent
 

Any natural person, legal person or organization may file trademark application with Trademark Office.
Two or more natural persons, legal persons or organizations may jointly file trademark application with Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark.

REGISTRABLE TRADEMARKS
Any visible sign that is capable to distinguish the goods and services of a natural person, legal person and other organization from those of others, in particular, words, devices, letters, numerals, three-dimensional signs and combination of colors, as well as any combination of such signs, shall be eligible for application for registration as trademark.

A trademark that is applied for registration shall be so distinctive as to be distinguishable and shall not be in conflict to any legitimate prior rights of others.

CLASSIFICATION
China accessed Nice Agreement and adopted international classification of goods and services from August 9, 1994.

FIRST-TO-FILE SYSTEM
China adopts first-to-file system and will grant exclusive right to the mark that is first filed except in limited cases of well-known marks.

TERM OF VALIDITY
Registered trademark is valid for 10 years from the date of registration, it is renewable within 6 months before expiry or within 6 months after expiry but extra charge shall be required, each for 10 year.

FORBIDDEN-TO-USE TRADEMARK
The following indications shall not be used as trademarks:
(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China, or identical with the name of particular site where the central government is located, or the name or shape of a building with symbolic significance;
(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, unless otherwise consented by the government concerned;
(3) those identical with or similar to the names, flags, or emblems of international intergovernmental organizations, unless otherwise consented by the organization or there is no likelihood to lead public confusion;
(4) those identical with or similar to the official identification, inspection seal that certifying control and guarantee, unless otherwise authorized;
(5) those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any nationality;
(7) those having the nature of exaggeration and fraud in advertising goods; and
(8) those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names as the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or having been registered as part of collective mark or certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

FORBIDDEN-TO-REGISTER TRADEMAKR
The following indications shall not be registered as trademarks:
(1) those only relating to generic names, designs or model of the goods in respect of which the trademark is used;
(2) those only having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of' the goods in respect of which the trademark is used;
(3) those lacking distinctiveness
The signs as listed in the proceeding paragraph acquiring distinctiveness through use and becoming distinguishable, shall be approved and registered as a trademark.
Where a three-dimensional sign is applied for the registration of a trademark, the general shapes of which the designated goods inherently have, and the shapes that are indispensable in achieving the technical results or demonstrating the substantive function of goods, shall not be registered.
Where a trademark for which the registration is applied in respect of identical or similar goods, is a reproduction, imitation or translation of a well-known trademark of another person which has not been approved and registered in China, thus being liable to create confusion, the application for registration shall be refused and the use thereof shall be prohibited.
Where a trademark for which the registration is applied in respect of dissimilar goods, is a reproduction, imitation or translation of a well-known trademark of another person which has been approved and registered in China, thus being liable to mislead the public, so as to cause a likelihood damage on the interests of the registrant of the well-known trademark, the application for registration shall be refused and the use thereof shall be prohibited.
An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods are the designation of the goods in respect of which the trademark is to be used.
Article 20. Where any applicant for trademark registration intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.
Article 21. Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed

 

 
 
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