Introduction to Examination, Cancellation and Invalidation of Trademark in China

I. Trademark examination in China

The trademark registration system in China strictly follows the first to file system. Generally speaking, the first applicant who files a China trademark application will get the trademark registration in China. 

The trademark should be distinguished in meaning, two trademark with same meaning cannot be existed. If your trademark has a meaning in Chinese, the search for its Chinese meaning is also necessary.

Once approved, the trademark application will be published in the CTMO Gazette. During the following three months after the publication, any party can file an opposition against your mark, challenging the application on the grounds of prior IP right, distinctiveness or other grounds set out in the Trademark Law. A registration certificate (electronic form and paper form) will be issued if no opposition is filed within this three-month period.

The validity period of a registered Chinese trademark is 10 years and can be renewed for another 10 years.

Normally, it takes about 10 months to obtain a trademark registration in China if it goes smoothly, with protection generally effective on the date of registration.

II. Examination of English mark

(1) The English mark has literal meaning.

For English marks which have Chinese meaning, the Chinese meaning of the mark must be searched also. The meaning of the mark is an essential part in the official examination. In the overwhelming majority of cases, if the Chinese meaning has prior identical or similar mark, your English mark will be refused by the China Trademark Office.

(2) The meaningless English mark.

There are 26 English letters from A-Z; parallelly, there are 26 Chinese Pinyin from a-z. The formation/appearance of English letter and Chinese Pinyin are almost the same. Then, the similarity examination for English mark and Pinyin mark are partially relative and interacted. The Chinese attorneys can judge and analysis the differences and similarities between the English mark and Pinyin mark accurately.

Obviously, before filing, the English trademark had better to be searched and analyzed by professional trademark attorney in China.

III. Examination of combined trademark

As the trademark can be combined with letters and logos and numbers, ect.

If a combined trademark application is filed, the examiner will take it apart and do the examination separately. For example, we file “Precise壹舟” with our logo, if there’s any registered trademark similar to any one of “Precise”, “壹舟” and our logo, the whole trademark will be refused. Therefore, we suggest to file “Precise” and “壹舟” and the logo separately to increase possibility of registration. Once registered, we can use these three parts and freely combined. Such as “Precise 壹舟”or “Precise+logo”, or “Precise 壹舟+logo “ or “壹舟+logo” and so on.

IV. Cancellation due to Non-use for 3 consecutive years

After a trademark has been registered for three years, any other party may petition the CTMO to cancel the registration on the grounds of non-use for three years. And if the trademark owner cannot provide proofs for commercial use of the mark, then this trademark will be canceled according to the trademark law.

V. Invalidation of Trademark

For the registered trademark, any other party may file the invalidation application if they think that the trademark has violated the Trademark Law, such as the below cases.

(a) The trademark lacks distinctiveness.

(b) The trademark is similar to the famous registered business name which may cause confusion by the consumers.

(c) It’s granted by fraudulent means or any other improper means.

(d) Trademark preemptive registration, including well-known mark which is used but not registered yet, public figures, etc.