Chinese Trademarks Law And Practice

1. Types of Trade Marks & Registration

1.1 Types of Trade Marks

In China's legal system, there are different types of trade marks/ service marks, for example, unregistered marks, registered marks, certification marks and collective marks.

According to Article 8 of the China Trademark Law, any sign capable of distinguishing the goods or services of a natural person, legal person or any other organisation from those of other persons – including words, devices, letters, numerals, three-dimensional signs, combination of colours, sounds, etc, as well as the combination of such signs – shall be eligible for application for registration as a trade mark.

Trade dress, company names and trade names are not stipulated types of trade marks in accordance with the China Trademark Law, but they can also be protected under certain circumstances; they are mainly protected by the Anti-unfair Competition Law.