Trademark
Registrable Trademark
1）Any visually and aurally perceptible signs which include words, designs letters of an alphabet, numerals, three-dimensional signs, combination of colours and sounds, etc.; 2）signs or any combination of such signs being distinguishable; and 3）not conflict with any prior right of others.Not Registrable Trademark
According to the article 11 of the Trademark Law: 1）those only comprising generic names, designs or models of the goods in respect of which the trademarks are used； 2）those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and 3）those lacking distinctive features. The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.How to search if a trademark is registrable?
CNIPA website provides a search engine for the public to easily find what we need to know before we make a decision to file. Here is an introduction of the "TRADEMARK SEARCH" engine:
1) Click ->［商标查询］to access the CNIPA "TRADEMARK SEARCH", and then click
to accept the disclaimer；
2）Then, in relevant areas of the query form, information of a sign, such as the text of the sign, the class and the options of the search method, etc. can be entered respectively and then confirmed to search；
3）Check and compare the targeted sign with those of the search results, if the result is not satisfied, change the options and refine the input information, so as to retry it.
Procedure for New Application
Click ->［Procedure of Registration］
Click ->［Guide to Registration Application］Documents and Information Required for Application
1）Name of the registrant/co-registrants and the verified identification copy thereof； i.e. Business Certificate with seal or signature made by the legal representative；and Passport or ID card copy with signature； 2）The sign in either a text or a graphic form saved in an image format, e.g. JPG, PNG, TIFF； 3）Classes and items of which product or service a trademark is applied to be registered, refer to； ［Trademark Classification］ ［2019 Classification of Products/Services based on the 11th Edition of NICE Classificatin (Chinese)］ ［NCL (11-2020) and the Revision of the Classification of Products/Services (Chinese)］ 4）Certificate of priority right, when a priority is to be claimed； 5）Power of Attorney, when a trademark attorney is entrusted. Click ->［POWER OF ATTORNEY］(Chinese & English)Fees
Product/Service（in One Class）Official Fee（CNY）Attorney Fee（CNY）Within first ten items2702000Each additional item in excess of ten items27200Renewal10002000Later Filing of Renewal250-
- For more details：
Click ->［Guide and Fee Schedule for Application of Trademark with CNIPA］
International Trademark
Two channels for registration aboard：
1. National registration, which is to be filed before the trademark office of each country；
2. International Registration, which is to be filed in the member country(ies) through the Madrid System.
Procedure for Madrid International Registration：
I. Documents required：
1. Application form in Chinese；
2. Application form in foreign language （MM2； MM18 - U.S.A）；
3. Identification of the registrant, e.g. copy of the business certificate, passport, and ID card etc.；
4. Copy of the certificate of Trademark or the Notification of Acceptance of the trademark registration of a domestic base registration, If the mark has been changed, transferred or renewed, a certificate copy of such approval shall be submitted, and if the applicant uses an English name, a proof of using the English name shall be provided;
5. Power of Attorney；
II. Recieving office for the International Registration
Address：No.1, Cha Ma Road (S.), Xi Cheng District, Beijing, P. R. China; Zip：100055
III. Deadlines and Fees for a new registration：
1. Deadline of payment：within 15 days after receiving a notification from the recieving office；
2. Basic fee：CHF653 for mark with no reproduction is in color or CHF903 for mark with any reproduction is in color ；
3. Supplementary fee：CHF100 for each class of goods and services in excess of three classes, except if only Contracting Parties in respect of which individual fees are payable are designated；
4. Complementary fee：CHF100 for each designated Contracting Party, except if the designated Contracting Party is a Contracting Party in respect of which an individual fee is payable；
5. Individual fee: the indivifual fee for each designated contracting party is payable, except where the designated Contracting Party and the Contracting Party of the Office of origin are both States bound also by the Agreement, in which case, a complementary fee is payable in respect of such a designated Contracting Party (the amount is fixed by each Contracting Party concerned)；
IV. Issuance
On receiving of a trademark application from an applicant, the International Bureau of the World Intellectual Property Organization (WIPO) will first record it in the International Trademark Register, examine the trademark application and issue an International Trademark Registration Certificate to the applicant, and notify the trademark authorities of the designated Contracting Parties for such registration.
The certificate of registered international trademark will be directly delivered from the International Bureau to the International trademark Registration Office, from where the certificate of the registered international trademark will be forwarded to the applicant or the trademark agency. The protection term of the registered international trademark is ten years from the date of the international registration, and the registration is extendable upon the expiration date for continuing use of the international trademark.
V. Designation subsequent to international registration：
Registered international trademark may be extended to one or more contracting parties before the expiration of the validity period thereof, the documents to be submitted and fees are as follows:
1. Application form in Chinese；
2. Application form in foreign language（MM4； MM18 - U.S.A）；
3. Power of Attorney；
4. Basic fee：CHF300；
5. Complementary fee：CHF100 for each designated Contracting Party indicated in the same request where an individual fee is not payable in respect of such designated Contracting Party
6. Individual fee：the indivifual fee for each designated Contracting Party is payable, except where the designated Contracting Party and the Contracting Party of the holder are both States bound also by the Agreement, in which case, a complementary fee is payable in respect of such a designated Contracting Party (the amount is fixed by each Contracting Party concerned)；
