China's trademark system is an integral part of its intellectual property legal framework. Its primary purpose is to protect trademark rights, promote fair competition, and safeguard consumers' legitimate interests.

Legal Framework and Governing Authority

The main legal basis for China's trademark system is the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") and its implementing regulations. The Trademark Law was first promulgated in 1982 and has undergone several revisions, with the latest amendment completed in 2019 to adapt to domestic and international economic developments.

The governing authority is the Trademark Office of the China National Intellectual Property Administration (CNIPA), which is responsible for trademark registration, examination, management, and dispute resolution.

International Treaties

China is a member of several international intellectual property treaties that provide a legal framework and cooperative mechanisms for international trademark protection. These treaties include:

183. Paris Convention for the Protection of Industrial Property
183. Madrid Agreement
183. Madrid Protocol
183. Nice Agreement

Principles of Trademark Protection

• Registration Principle
  According to Article 3 of China's Trademark Law: "A trademark approved and registered by the Trademark Office is a registered trademark. The registrant of a trademark enjoys exclusive rights to the trademark, which are protected by law." Unregistered trademarks do not enjoy legal protection unless they are recognized as well-known trademarks under specific circumstances.
  
  The owner of a registered trademark can file a lawsuit against unauthorized use of their trademark and seek compensation. If someone maliciously registers an identical or similar trademark, the original trademark owner has the right to file an opposition during the publication period. Malicious registrations are handled under the Anti-Unfair Competition Law.
   
• First-to-File Principle
  Article 30 of China's Trademark Law stipulates that when two or more applicants apply to register identical or similar trademarks for the same or similar goods, the trademark that is filed first will be preliminarily examined and published. This principle ensures that the earliest applicant's rights are protected and prevents conflicts over trademark ownership.

Trademark Categories and Scope of Protection

China adopts the Nice Classification, dividing trademarks into 45 categories—34 for goods and 11 for services. Applicants must submit applications based on the specific category of goods or services.

Any sign that distinguishes the goods/services of a natural person, legal entity, or other organization from those of others—including words, graphics, letters, numbers, three-dimensional marks, color combinations, and sounds, as well as combinations of these elements—can be registered as a trademark. Additionally, special trademarks such as certification marks and collective marks are also protected under China's Trademark Law.

Documents Required for Trademark Registration

1. The applicant's name, address, and nationality/company name, registered address, and country;
2. Clear trademark specimen files;
3. Proof of the applicant's qualification (e.g., business registration certificate for companies or passport for individuals);
4. Description of the trademark to be registered;
5. Contact details of the applicant (foreign/Hong Kong/Macau/Taiwan applicants must designate a domestic representative to receive legal documents from the Trademark Office);
6. Power of attorney (if the application is filed through an agent);
7. Priority claim statement, if applicable.

Trademark Application Process and Timeline

1. Submission of Application: The applicant must submit the required documents to the Trademark Office.
2. Formal Examination: The Trademark Office reviews the application documents to ensure completeness.
3. Substantive Examination: The Trademark Office examines whether the trademark meets registration requirements and whether it conflicts with existing trademarks.
4. Preliminary Approval and Publication: Approved trademarks are published in the Trademark Gazette for three months, during which any party can file an opposition.
5. Registration Approval: If no opposition is filed or the opposition is dismissed, the Trademark Office approves the registration and issues a trademark registration certificate.

Under normal circumstances, the time required for the Trademark Office to process an application and approve a trademark registration is approximately 12–18 months. Specifically, it takes about 9–12 months from the submission of the application to the issuance of the preliminary approval notice, followed by a three-month publication period. The registration certificate is issued within 1–2 months after the publication period ends.

Trademark Protection Period and Renewal

The validity period of a registered trademark is 10 years, and it can be renewed for another 10 years upon expiration. Renewal applications must be submitted within 12 months before the trademark expires, with a grace period of six months. If the renewal application is not submitted by the end of the grace period, the trademark will become invalid, and the trademark rights cannot be restored.

Non-Use Cancellation System

If a registered trademark has not been used continuously for at least three years, the trademark owner or its authorized user has not formally used the trademark in China on the goods or services for which it is registered, any party has the right to file a request to cancel the registration of the trademark.