Requirements for Filing a Chinese Trademark Application
Trademark registration in China adopts examination system, a trademark should pass
the procedures of formality examination and substantive examination.
I. Formality Examination
- Upon formality examination, for application with complete documents and the
documents are prepared in correct ways, the Trademark Office issues the Official
Filing Receipt; otherwise, the Trademark Office issues the Not-accepting Notice.
- Where corrections are needed for the documents filed, the Trademark Office
issues Notice of Correction, requesting the applicant to make the corrections
within 15 days. Application will be deemed withdrawn if no response is made
within said 15 days.
II. Substantive Examination
- A trademark registration application enters the substantive examination procedure
after passing through the formality examination. Upon substantive examination,
the Trademark Office will initially approve the application if it meets the
requirements of the Trademark Law, and publish the application at the Trademark
- The Trademark Office will reject the application if it does not meet the
requirements, or partially reject the application if the application does not meet the
requirements on partial goods.
- Anyone can file opposition request at the Chinese Trademark Office against the
published trademark application within 3 months from the date of publication.
- Where there is no opposition filed in said three months, or opposition filed is not
accepted after examination, the Chinese Trademark Office will register the
trademark, issue the trademark registration certificate and publish the registration
at the Trademark Gazette; where the opposition is accepted after examination, the
application is rejected.
- If an applicant is not satisfied with the rejection of the Trademark Office, the
applicant can, within 15 days upon receipt of the rejection notice, file a review
request at the Trademark Review and Adjudication Board (TRAB). TRAB will
review the application, make a decision and notify the applicant in written.
IV. Filing a lawsuit
- Where an applicant is not satisfied with the decision of TRAB, the applicant can,
within 30 days upon receipt of the decision, file a lawsuit at the People's Court
against the decision.