Any Foreigner or foreign enterprise intending to file a trademark registration application in China should provide with the following documents and materials:
1. Instruction letter
An instruction letter entrusting a designated Chinese trademark agency which can represent foreign applicants. The letter should list clearly the name of the trademark, international class, specific names of goods/services, name and address of the applicant (if the applicant has already registered any trademark in China, its Chinese name and address used in those registrations should be provided), and any requirement such as claiming priority (in this case, country, filing date and filing number of the priority application should be provided).
2. Power of Attorney
One trademark needs one Power of Attorney, with original execution of the applicant. Notarization is not necessary. The executed Power of Attorney cannot be late filed, it should be filed together with the application.
3. Prints of the trademark
One trademark registration application (one mark/one class) requires 10 black and white prints. If color is claimed, 10 colored prints and 1 black and white prints are required. The Chinese trademark agency normally requests additional prints for its file purpose.
4. Priority document
It can be filed together with the application or later, but in any way within 3 months following the filing date.
5. Special certificates
Where the goods are pharmaceuticals for human use, baby foods or medical nutrition falling into Class 5, a copy of official certificate approving manufacturing or sales of the goods should be provided. This document cannot be late filed.
Where the mark is a portrait, a notarized affidavit by the owner of the portrait agreeing the use of the portrait by the applicant as trademark should be provided.
6. Additional documents required for an application of certificate trademark:
1). a notarized subject qualification certificate;
2). the administrative regulations on the use of the certificate trademark, including purposes of using the certificate trademark, unique quality and feature of the goods or services using the certificate trademark, conditions for using the certificate trademark, formalities for using the certificate trademark, rights and obligations by using the certificate trademark, responsibilities in violation of the regulations, etc.; and
3). a document issued by relevant government department certifying the capability of the applicant on control and inspection of qualities of the goods or services. And
7. Additional documents required for an application of collective trademark:
1). a notarized subject qualification certificate;
2). the administrative regulations on use of the collective trademark, including purposes of using the collective trademark, members using the collective trademark, quality of the goods or services, conditions for using the collective trademark, formalities for using the collective trademark, rights and obligations of the members using the collective trademark, responsibilities in violation of the regulations.
