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Trademark Registration in China, Why a Must and How to (part 2) 在华商标注册指引与必要性分析(下)

What are the conditions for foreigners to apply for trademarks in China?

外国人在中国申请商标有什么条件 ?


Article 18 of the <Trademark Law> stipulates that foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China should entrust an organization with trademark agency qualification recognized by the state to act as an agent. The article highlighted the mandatory agency requirementsfor foreigners or foreign enterprises to apply for trademark registration in China: 

First, foreigners or foreign enterprises must entrust Chinese trademark agency organizations to apply for trademark registration in China, while Chinese natural persons, legal persons or other organizations can apply for trademark registration through agents or directly apply to the Trademark Office; 


Second, foreigners and foreign enterprises should entrust organizations with trademark agency qualifications recognized by the state as agents, and other agency organizations have no right to handle trademark registration applications or other trademark matters on their behalf.



The specific procedures are as follows:



(1)Send a copy of the power of attorney of the agent. The power of attorney should fill in the name, address, nationality of the principal and the trademark name applied for registration. The notarization and certification procedures of the trademark power of attorney of foreigners or foreign enterprises and related supporting documents should be handled in accordance with the principle of reciprocity.



(2)Send a trademark registration application, which is filled in by the entrusted agency.



(3)Submit a trademark pattern, and a colored pattern and a black-and-white pattern of the designated color;



(4)Copy of applicant's ID card. If the applicant is a legal person or other organization, a copy of the registration certificate of the region or country to which he belongs shall be submitted. The copies of the registration certificates of the offices and permanent representative offices of foreign enterprises in China cannot be used as copies of identity documents. If the above documents are in a foreign language, a Chinese translation shall be attached; if it is not attached, the application is invalid.



If the applicant is a natural person and applies for it by himself, he / she should submit a copy of his / her passport and the "alien permanent residence permit", "Alien Residence Permit" or "Alien Residence Permit" issued by the public security department and within the period of validity (more than one year).



5If the certificates, supporting documents and evidentiary materials submitted by the applicant are in a foreign language, a Chinese translation shall be attached; If it is not attached, it shall be deemed that the certificate, supporting documents or evidentiary materials have not been submitted.



6After paying the relevant fees, the agent submits the relevant application materials to the Trademark Office for application.



For trademark registration in China, it is recommended to make preparations first, including trademark inquiry, application materials, trademark drawings, etc. if you are not sure whether the trademark can be registered, you can contact us for free consultation, all at great value. 



宁波灵达商务服务有限公司    备案号:2020037656号-2