Introduction
on Trademark
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1. Types of Trademark
2.
Elements of Trademark
3.
Goods and Services Classification
4.
Trademark Applicant
5.
Use Requirement
6.
Validity Period of Trademark Registration
Types
of Trademark
-
"A
registered trademark is a trademark that has been
accepted and registered by the Trademark Office, which
may be a trademark used on goods, a service mark,
a collective mark or a certification mark. The owner
of a registered trademark shall have the exclusive
right to use the trademark, which shall be protected
by law.
A
collective mark referred
to in this Law is a sign registered in the name of
a group, association or other organization for use
by the members of such an organization in the course
of trade to indicate the users' membership in the
organization.
A
certification mark referred
to in this Law is a sign controlled by an organization
capable of monitoring certain goods or services for
use by organizations or persons other than such an
organization on their goods or services to certify
the geographical origin, material, mode of manufacture,
quality or other specific characteristics of the goods
or services.
Provisions
shall be made by the administrative authority for
industry and commerce under the State Council concerning
special matters in the registration and administration
of collective marks and certification marks."
(Chinese Trademark Law, Article 3)
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Any
natural person, legal person or other organization,
intending to acquire the exclusive right to use a service
mark for services provided by him, shall apply for registration
of the service mark to the Trademark
Office.
Provisions
in this Law concerning trademarks used on goods shall
apply to service marks." (Chinese
Trademark Law, Article 4)
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Elements
of Trademark
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"Any
visually perceptible sign, capable of distinguishing
the goods or services of one natural person, legal
person or any other organization from those of other
persons, including words, devices, letters, numerals,
three-dimensional signs, combination of colours as
well as the combination of such signs, shall be eligible
for application for registration as a trademark."
(Chinese Trademark Law, Article 8)
-
"Where
a three-dimensional sign is the subject of an application
for registration of a trademark, the trademark shall
not be registered if it consists exclusively of the
shape which results from the nature of the goods themselves,
the shape of goods which is necessary to obtain a
technical result, or the shape which gives substantial
value to the goods."(Chinese Trademark Law, Article
12)
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Goods
and Services Classification
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"An
applicant for registration of a trademark shall indicate,
in accordance with a prescribed classification of
goods, the classification of the goods and the designation
of the goods in respect of which the trademark is
to be used." (Chinese Trademark Law, Article
19)
-
"Where
any applicant intends to apply for registration of
a trademark for goods in different classes, application
for registration shall be made in accordance with
the prescribed classification of goods." (Chinese
Trademark Law, Article 20)
-
"A
new application for registration shall be made if
a registered trademark is to be used in respect of
other goods of the same class than those contained
in the registration."(Chinese Trademark Law,
Article 21)
-
"The
goods or services shall be listed in the application
according to the Classification of Goods and Services.
If the goods or services are not listed in the Classification
of Goods and Services, a description of the said goods
or services shall be attached. The documents relating
to an application for trademark registration shall
be typewritten or printed." (Implementing Regulations
under the Trademark Law of China, Article 15)
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Trademark
Applicant
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"Any
natural person, legal person or other organization,
intending to acquire the exclusive right to use a
trademark for goods produced, manufactured, processed,
selected or marketed by him, shall apply for registration
of the trademark used on goods to the Trademark Office.
Any
natural person, legal person or other organization,
intending to acquire the exclusive right to use a
service mark for services provided by him, shall apply
for registration of the service mark to the Trademark
Office.
Provisions in this Law concerning trademarks used
on goods shall apply to service marks." (Chinese
Trademark Law, Article 4)
-
"Two
or more natural persons, legal persons or other organizations
may jointly apply for registration of a trademark
to the Trademark Office, and may jointly enjoy and
exercise the exclusive right to use the trademark."(Chinese
Trademark Law, Article 5)
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"Any
foreigner or foreign enterprise intending to apply
for registration of a trademark in China shall file
an application in accordance with any agreement concluded
between the People's Republic of China and his country
of origin, or according to the international treaty
to which both countries are parties, or on the basis
of the principle of reciprocity.
"(Chinese Trademark Law, Article 17)
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"Any
foreigner or foreign enterprise intending to apply
for registration of a trademark or for any other matters
concerning a trademark in China shall entrust a qualified
trademark agency recognized by the State to be his
representative. "(Chinese Trademark Law, Article
18)
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Use
Requirement
- "The
use of trademarks referred to in the Trademark Law
and these Regulations include, among other things,
the use of trademarks on goods, packages or containers
thereof and commodity trading instruments, or use
of trademarks in advertisements, exhibitions and other
commercial activities." (Implementing Regulations
under the Trademark Law of China, Article 3)
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Validity
Period of Trademark Registration
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"The
period of validity of a registered trademark shall
be ten years starting from the date of registration.
"(Chinese Trademark Law, Article 37)
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"Where
a holder of a registered trademark intends to continue
to use the trademark after the expiry of the period
of validity, an application for renewal of the registration
shall be made within six months before the said expiry.
Where no application is made within the said period,
a grace period of six months may be allowed. If no
application is filed at the expiry of the grace period,
the registered trademark shall be removed from the
register.
The
period of validity of each renewal of registration
shall be ten years.
Any
renewal of registration shall be published after it
has been approved."(Chinese Trademark Law, Article
38)
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