WHAT TO PREPARE IN A TRADEMARK FILING
Filing a Trademark in China
What you need to prepare
Information to prepare
A representation of the trademark
An image of the trademark in JPG format; between 400 x 400 px to 1500 x 1500 px. If the trademark is in characters only, it is also necessary to provide a JPG format. The JPG image of trademark should be provided in its original form as well as in black and white.
List of goods and services that will be associated with the trademark.
Classification and sub-classification of the specified goods or services will be categorised based on CNIPA's (China National IP Administration) "Chinese Classification Manual" for China national filing. This is essentially an overlay of the NICE Classification. Classes in both systems are the same while there are variations and further sub-classifications in CNIPA's version.
The applicant's details
The applicant's details should include name, full address, telephoneI and email. If there are any co-applicants the same details must be provided.
The applicant's identity document
For individual applicants a travel document such as a passport. For companies, provide the business license. An image of the identity is required in JPG format, with a file size no greater than 2MB. If there are any co-applicants the same details must be provided.
Power of Attorney
In China, the Trademark Office requires the owner of the trademark send us a signed Power of Attorney letter. We will send you a template for the document with delivery instructions once your order for trademark registration has been placed.
Translations into Chinese
Translation for certain information and documents will be required. The translations can be conducted by you before sending the documents to us. We also provide translation service through our staff and agents for a fee, based on the scope and origin language. Here are the items which need to be translated into Chinese.
Applicant's identity document (i.e. Passport or Business License)
When translating the applicant's name, especially when the name represents the goods /service and to convey a certain meaning, it is important to have a strategic translation. This can be done by transliteration, phonetically or a combination of both. To avoid negative or inappropriate meanings, care should be taken when deciding on the translation of the name.
Filing additional Classes for the same trademark
The same trademark can be filed in other Classes. if it is necessary and within your scope of products/services. This can be done in 2 ways.
A multi-class trademark application is a single filing for a trademark to be registered under two or more specified classes. Accordingly, there will be just one registration number and one filing/registration date.
Multiple single-class applications
Each class will be filed independently, and therefore, receive its own registration number and filling/registration date.
Multi-class applications in China provides some efficiency, especially for brand owners with a large trademark portfolio. It can:
(1) Streamline the filing process
(2) Group all the classes into one registration number for easier management.
However, there are several caveats under a Multi-class application and registration.
(1) There is no division of the registration in the future.
(2) The applicant cannot split a multi-class application if someone files an opposition against only partial of the goods/services.
(3) If the description in one class is not acceptable, the entire application process will be delayed for further examination.
(4) The only time when a division is possible is when the Trademark Office issues a partial rejection to some of the designated goods/services. In such situation, the applicant can choose to divide the multi-class application into one application covering the approved goods/service and another application with the rejected goods/service for additional filing review.
A trademark applicant can make a priority claim within six months of the date of application of the earlier application filed in another country, where China observes Priority Rights under a reciprocal IP treaty like the Paris Convention. When priority is claimed, it is required to submit the original certified copy of the Priority Document and its Chinese translation.
When priority claim is validated, the date of filing of the first application, known as the priority date, is considered to be the effective date of filing for the subsequent application claiming the priority of the first application.
Priority Claim Diagram