Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
China
The China Trademark Office (CTMO).

For more information about this answer please contact: Stephen Yang from IP March
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
China
RMB300 for application per mark per class. If the designated goods or services exceed the basic 10 items, an extra fee of RMB30 for each additional item is charged.

There is no official fee for issuance of the registration.

For more information about this answer please contact: Stephen Yang from IP March
3.3
Does the trademark office use the Nice Classification scheme?
 
China
Yes, the CTMO uses the Nice Classification.

For more information about this answer please contact: Stephen Yang from IP March
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
China
Class-wide applications are not allowed in China. The applicant should identify the specific goods or services for which the mark will be used.

For more information about this answer please contact: Stephen Yang from IP March
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
China
To apply for registration, the applicant need not prove actual use or bona fide intent to use the mark.

For more information about this answer please contact: Stephen Yang from IP March
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
China
Yes, the CTMO searches for earlier conflicting marks.

For more information about this answer please contact: Stephen Yang from IP March
3.7
What types of examinations does the trademark office perform other than relative examination?
 
China
The CTMO also performs absolute examination – that is, whether the mark itself can be used or registered as a trademark.

For more information about this answer please contact: Stephen Yang from IP March
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
China
Marks that are identical or similar to the state name, the national flag, emblem or anthem, the military flag and many other conditions cannot be registered as trademark in China. Please refer to question 2.3 for detailed explanation.

For more information about this answer please contact: Stephen Yang from IP March
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
China
A descriptive mark may be registered as a trademark if it has acquired distinctive features through use and is readily distinguishable. There is no separate or supplemental register for descriptive marks.

For more information about this answer please contact: Stephen Yang from IP March
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
China
A third party cannot object to registration of a mark before the application has been published in China. Opposition after publication of the application is the only way for a third party to object to the registration of a mark.

For more information about this answer please contact: Stephen Yang from IP March
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
China
Commercial use is not required to obtain a registration of a trademark in China.

For more information about this answer please contact: Stephen Yang from IP March
3.12
How much time does it typically take from filing an application to the first office action?
 
China
It takes around two months from filing of the application to the first notification for amendment.

It takes around six to nine months from filing of the application to rejection.

For more information about this answer please contact: Stephen Yang from IP March
3.13
How much time does it typically take from filing an application to publication?
 
China
For a smooth application, it takes around six to nine months from filing of the application to publication.

For more information about this answer please contact: Stephen Yang from IP March