1. The Principle of One Application For One Trademark In One Class
2. Trademark Application Filing Requirement

 

The Principle of One Application For One Trademark In One Class

• "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 19)

• "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 19)

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Trademark Application Filing Requirement

• "Statements made and documents submitted for the purposes of application for registration of a trademark shall be authentic, accurate and complete." (Chinese Trademark Law, Article 26)

• "An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney shall indicate such contents and competence as authorized; the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.

  Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done based on the principle of reciprocity.

  The foreign person or foreign enterprise mentioned in Article 18 of the Trademark Law refers to the foreign person who or foreign enterprise which does not have its habitual residence or place of business in China." (Implementing Regulation under Chinese Trademark Law, Article 7)

• "The Chinese language shall be used in applying for trademark registration or attending to other trademark matters.
  Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translation is not attached, the certificates, certifying documents and proofs shall be deemed not to have been submitted." (Implementing Regulation under Chinese Trademark Law, Article 8)

• "When applying for the registration of a trademark, a separate application shall be filed in respect of each class of goods or service according to the published Classification of Goods and Services. For each application for the trademark registration, an Application for Trademark Registration shall be filed with the Trademark Office, accompanied by five copies of the reproduction of the trademark; if colour is claimed, five copies of the colour reproduction of the trademark shall be attached, so shall be a black and white design of the trademark.

  The reproduction of the trademark must be clear and easy to paste and shall be printed on smooth and clean durable paper or substituted by a photograph. Its length or breadth shall not be more than 10 cm and less than 5 cm each.

  Where an application is filed for the registration of a three-dimensional sign as a trademark, a statement shall be made in the application, and the reproduction capable of defining the three-dimensional shape be submitted.
  Where an application is filed for the registration of a combination of colours as a trademark, a statement shall be made in the application, and an explanation thereof be submitted in writing.

  Where an application is filed for the registration of a certification mark or collective mark, a statement shall be made in the application, and the certificates of the qualification of the applicant and regulations for the administration of the use thereof be submitted.
  Where a trademark is in a foreign language or contains lexical elements in a foreign language, explanation of its meaning shall be made." (Implementing Regulation under Chinese Trademark Law, Article 13)

• "Filing an application for the registration of a trademark, the applicant shall submit a copy of effective certificate capable of proving his identification. The name of the applicant for trademark registration shall be consistent with the certificate submitted." (Implementing Regulation under Chinese Trademark Law, Article 14)

• "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 Regulation under Chinese Trademark Law, Article 15)

• "If an application is jointly filed for registration of the same trademark, a representative shall be designated in the application; if such representative is not designated, the first person listed in the application shall be the representative." (Implementing Regulation under Chinese Trademark Law, Article 16)

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