A registered trademark is a trademark that the user has applied for with the China National Intellectual Property Administration (CNIPA) through statutory procedures and that has been approved for registration upon examination. The registrant of a registered trademark enjoys the exclusive right to use the trademark on the approved goods or services, is protected by law, and is entitled to use the registration symbol ®.
Legal Definition and Content of the Right
Article 3 of the Trademark Law provides that trademarks approved for registration by the Trademark Office are registered trademarks, including goods marks, service marks, collective marks, and certification marks; trademark registrants enjoy the exclusive right to use their trademarks, protected by law.
The exclusive right in a registered trademark comprises two powers:
- Right of use: the registrant's proprietary right to use the registered trademark on the approved goods or services.
- Right to prohibit: the right to prohibit others from using identical or similar trademarks on identical or similar goods or services. The scope of the right to prohibit is broader than the right of use — a key institutional design of trademark protection.
The Process of Obtaining a Registered Trademark
- Application: submit the application and trademark specimen by class and pay the official fees.
- Formality examination: examine whether the application documents are complete and in order; if qualified, an acceptance notice is issued.
- Substantive examination: examine whether the mark violates the prohibited-signs clauses, lacks distinctiveness, or conflicts with prior trademarks.
- Preliminary approval and publication: marks passing substantive examination are published for a three-month opposition period during which anyone may file an opposition.
- Approval of registration: if no opposition is filed by the end of the publication period, or the opposition fails, the mark is approved for registration, the trademark registration certificate is issued, and the registration is published.
Under normal circumstances the whole process takes about 7–9 months; it is correspondingly longer if refusal or opposition proceedings occur.
Scope of Effect of a Registered Trademark
- Temporal effect: valid for ten years from the date of approval of registration; renewable upon expiry for ten years each time, without limit on the number of renewals.
- Territorial effect: valid only within mainland China (Hong Kong, Macao, and Taiwan require separate registration); enterprises going overseas must seek international registration through the Madrid System or national applications.
- Goods scope effect: limited to the approved goods or services; use beyond the approved scope is unprotected.
Limitations on Registered Trademark Rights
- Renewal obligation: a trademark not renewed upon expiry is cancelled.
- Use obligation: where a mark has not been used for three consecutive years without justifiable reason, anyone may apply for its cancellation.
- Obligation of standard use: the registrant may not unilaterally alter the specimen, name, address, or other registered particulars of the trademark; a changed sign requires a new application.
- Risk of invalidation: a registration obtained in violation of the prohibited-signs clauses or by deceptive or other improper means may be invalidated; where prior rights of others are harmed, the prior right holder may request invalidation within five years.
Registered vs. Unregistered Trademarks
| Dimension | Registered Trademark | Unregistered Trademark |
|---|---|---|
| Basis of right | Statutory exclusive right | In principle, no exclusive right |
| Basis of enforcement | Full protection under the Trademark Law | Limited to exceptions such as well-known trademarks and prior use |
| Registration symbol | May bear ® | May not bear ®; TM is permissible |
| Stability of right | High, with a registration certificate | Low; exposed to squatting at any time |
Practical Tips
The trademark registration certificate is the proof of right and should be properly kept; build a trademark archive tracking renewal deadlines, use evidence, and name changes. A trademark is one of the few statutory rights that can be renewed indefinitely — well managed, it can become a core asset accompanying the enterprise for life.
The application of these concepts in practice involves detailed differences; before proceeding, you may consult a CNIPA-recorded trademark agent on MyTMBee for targeted analysis.