Q & A — Certification Marks in China

1.     What are the applicable government fees for filing and prosecuting a certification mark application?

The official fee is RMB3000 per mark per class. No further official fee is expected during the registration and prosecution of a certification application.

2.          Can a certification mark be filed in a single class for all goods and services (as in the U.S.) or must the goods and services be separated into individual classes?

In China, you can only file an application for one certification mark in one class, and the designation of goods and services must comply with the CTMO Manual of Goods and Services.

3.      Can a certification mark application be filed in your country through a Madrid Extension?

No. China does not accept a certification mark application filed through a Madrid system.

4.      What do you need from the applicant to file a certification mark application in China?

To file a certification mark in China, we need the following documentation:

•        Documents supporting the qualifications to provide certification service, and either detailed particulars of its professional technicians, professional inspection and testing equipment or else particulars of the professional technicians, professional inspection and testing equipment of its entrusted organization, in order to show that the organization has the capability of monitoring the special commodity quality certified by the trademark. If the business certificate of a company can directly support the company's qualifications, then it will suffice.

•       The management rules for the use of a certification trademark shall include:
       a. the principles for the use of the certification trademark,

b. the special quality of the commodity certified by the certification trademark,

c. the conditions for the use of the certification trademark,

d. the procedures for the use of the certification trademark,

e. the rights and obligations in connection with the use of the certification trademark,

f. the liability of a user for violating the management rules of use, and

g. the inspection and supervisory system of the registrant for the commodity for which the certification trademark is used.