China is a member state of Paris Convention and Madrid Protocol, thus, the six-month priority claim is available when filing an application for trademark registration in China. First-filed principle is followed.

The China National Intellectual Property Administration (CNIPA) is the official organ to process the applications for trademark registration. CNIPA adapts to the Nice International Classification. Both good mark and service mark are acceptable. Multiple – classes application is allowed. A Power of Attorney is required for filing the application for trademark registration.

The trademark registration procedure covers 5 main steps – filing, formality examination, substantial examination, publication for opposition (3 months) and approval for registration. It takes approximately 7 to 9 months to complete the whole procedure. A registered trademark is valid for 10 years from the registration date and it should be renewed every 10 years to maintain the exclusive right within 12 months before the expiry date.

A trademark that is pending for registration or already registered can be assigned completely or for partial goods/services, but the similar trademarks under the same owner must be assigned altogether to the same party. It is obligatory for the assignment to be applied to CNIPA for approval. Power of Attorney and Assignment Agreement from both parties are needed to proceed with a trademark assignment.

The license of trademark should be recorded with CNIPA. A license without official recordal cannot be against the bona fide third party.

Any trademark that is not used for 3 consecutive years can be cancelled. Anyone can file the non-use cancellation with CNIPA.