According to Article 8 of China Trademark Law, any sign that distinguishes the goods of a natural person, legal person, or other organizations from those of others, including any word, device, letter, number, three dimensional sign, color combination, sound and combination thereof, may be registered as a trademark.  From this article, trademarks shall include word marks, device marks, 3D marks, sound marks, color combination marks, and marks in combination of the above mentioned elements.

    According to the latest decision made by the Supreme People’s Court of PRC regarding the administrative litigation concerning the refusal of the mark,  mark (IR No. 1031242), the single color mark with restriction over the position of the color should not be eliminated from the situations where a sign can be registered as a trademark, although it is not explicitly described under Article 8 of China Trademark Law.  From the decision, we could conclude that single color mark is also registrable as a trademark.

    The CNIPA does not require a description where the mark for the international registration is in non-standard characters.  However, for the non-traditional marks, such as 3D marks, color combination marks, sound marks, collective marks and certification marks, the applicant must submit some required documents (explained below) within 3 months from the date that the international registration is recorded before WIPO.  Otherwise, the extension of international registration in China will be rejected by the CNIPA.

    -   3D Marks

    In the case of the registration of a three-dimensional sign as a trademark, the applicant is required to make a statement in the application, and submit a document explaining how to use the trademark, as well as a reproduction thereof by which the three-dimensional shape can be determined, which shall include drawings of at least three sides at least.

    -   Color Combination Marks

    In the case of the registration of the combination of colors as a trademark, the applicant is required to make a statement in the application, and submit a document explaining how to use the trademark.

    -   Sound Marks

    In the case of the registration of a sound as a trademark, the applicant shall make a statement in the application, and submit the sound sample as requested, as well as documents describing the sound and explaining how to use the trademark.  The description shall describe the said sound by musical notation or numbered musical notation with explanatory words; if the said sound could not be described by musical notation or numbered musical notation, it shall be described in words.  The trademark description shall be in conformity with the sound sample.

    -   Collective, Certification Mark

    The holder of a collective mark or of a certification mark shall make a statement in the application, and submit the following documentation:

    1)  Business license (also known as “Certificate of Incorporation”) showing the live status of the holder; and

    2)  The list of the name and address of each member of the organization in the name of which the mark is registered, in case of a collective mark; in the case of a certification mark, a document attesting that the holder of the mark is qualified to examine a given good or service and ensure that it is of the appropriate quality.

    3)   Regulations concerning the use of the mark

    There are more details in this regard, and I will be happy to discuss further where there is a case.  Please feel free to contact me at jane.chen@kangxin.com with any inquires or questions.

    This is part two of a series of articles on the topic of international registrations designating China.  More articles will be available soon.