Survey Questions For Chambers Global Practice Guide On Trade Marks

TYPES OF TRADE MARKS & REGISTRATION

ARE THERE DIFFERENT TYPES OF TRADE MARKS (OR OTHER SIGNS OR SOURCE-IDENTIFIERS) IN YOUR LEGAL SYSTEM (FOR INSTANCE, REGISTERED/UNREGISTERED, SERVICE MARKS, CERTIFICATION MARKS, COLLECTIVE MARKS, FAMOUS MARKS, TRADE DRESS, COMPANY AND TRADE NAMES)? ARE RIGHTS IN SUCH TRADEMARKS BASED ON STATUTORY LAW OR CASE LAW, OR BOTH?

In China's legal system, there' re different types of trademarks/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 one natural person, legal person or any other organization 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 trademark.