A trademark is a sign used by an undertaking to distinguish its own goods or services from those of others. It may consist of words, devices, letters, numerals, three-dimensional signs, color combinations, and sounds, either alone or in combination. Upon approval of registration by the China National Intellectual Property Administration (CNIPA), the registrant enjoys the exclusive right to use the trademark.
The Legal Definition of a Trademark
Article 8 of the Trademark Law provides that any sign capable of distinguishing the goods of a natural person, legal person, or other organization from those of others — including words, devices, letters, numerals, three-dimensional signs, color combinations, and sounds, as well as combinations of these elements — may be applied for registration as a trademark.
This definition contains three key points:
- Distinctiveness is the core: the essential function of a trademark is to distinguish the source of goods or services, so that consumers can shop by brand.
- Open-ended elements: from traditional words and devices to three-dimensional shapes, color combinations, and sounds — all may constitute a trademark.
- Registration creates the exclusive right: China follows the principle of acquisition through registration; only upon approval of registration does the registrant enjoy an exclusive right over the approved goods or services.
Common Forms of Trademarks
The most common forms of trademarks in day-to-day business include:
- Word mark: composed of Chinese characters, letters, or numerals, such as Huawei and Haier.
- Device (figurative) mark: composed of patterns or logos, such as Apple's bitten-apple device.
- Combined mark: a combination of words and devices — the form most often adopted by small and medium-sized enterprises.
- Special marks: three-dimensional marks (such as the shape of a beverage bottle), sound marks (such as the classic Nokia ringtone), and color combination marks, all of which are subject to stricter examination standards.
Trademarks and Business Operations
For an undertaking, a trademark is not only an object of legal protection but also a vehicle for accumulating goodwill. Consumers buy by brand, and brand value ultimately settles on the trademark. Business operators who fail to register their trademarks in time while their brands grow often face the high cost of bad-faith squatting or forced rebranding. In practice, it is therefore advisable to apply for registration as soon as the brand name is finalized.
If you are facing the issues described above, you may first run a trademark registrability assessment on MyTMBee and confirm feasibility before deciding whether to file, so as to avoid wasting official fees on a blind application.