Q&A

1、 What is a trademark?
According to Chinese Trademark Law, a trademark is any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colours, and their combination.
The trademark in respect of which an application for registration is filed shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person. A trademark registrant has the right to use the words of "registered trademark" or a symbol "R" to indicate that his trademark is registered.

2、 What kinds of trademarks can be registered?
According to Chinese Trademark Law, the registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks, service marks, collective marks and certification marks.
Said collective marks mean sings which are registered in the name of bodies, associations or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.
Said certification marks mean signs which are controlled by organizations capable of supervising some goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.

    
3、 Who can file a trademark application?
According to Chinese Trademark Law, any natural person, legal entity or other organization can file a trademark application with the Trademark Office. Two or more natural persons, legal entities or other organizations can jointly file an application for the same trademark, and share and exercise the exclusive right of the registered trademark.
 

4、 Which classification is applied for trademark registration?
International Classification of Goods and Services (Nice Classification) is applied for the registration of Chinese trademarks, each trademark application for registration shall be filed in one class of goods or services. The applicant shall indicate the class of the goods and the goods which the trademark is to be used.

5、 How long is the protection period of registered trademark?
According to Chinese Trademark Law, the protection period of a registered trademark is 10 years, counted from the registration date. An application for renewal of the registration shall be requested within 6 months before the said expiration of the period, and the period of each renewal shall be extended for 10 years.