Trade Marks 2023

Law and Practice

1. Governing Law and Types of Trade Marks

1.1 Governing Law

Trade marks are governed by the Chinese Trade Mark Law, which is statutory. The rights are not governed by case law. China is a member of Madrid Agreement Concerning the International Registration of Marks, the Paris Convention for the Protection of Industrial Property, and the convention Establishing the World Intellectual Property Organization, but they are not self-executing.

1.2 Types of Trade Marks

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

According to Article 8 of the China Trade Mark 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