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Practice Areas | China IP Practice | Q & A |
 | Q1. How are the names of goods/services specified and designated when I file a trademark application in mainland China? | | |  | The international classification of goods/services is also officially adopted in mainland China. However, applications are only accepted on a "one application, one class" basis, and for each application, the number of goods/services specified shall not be more than 10. Otherwise, extra charges will be raised. Furthermore, the official examination on specified goods/services in mainland China follows a rather formulated and strict standard.
Principally, only normalizable names explicitly specified in the Classification Table of Similar Goods or Services are acceptable. Although the applicant may later file an explanation or correction for a specific goods/service in response to a request issued by the examiner during examination, there is not much flexibility for for it to be accepted according to the common experiences of previous examination processes. | | | | Q2. Is a modification allowable after the filing of an application or registration of a trademark? | | | | The addition or change to a trademark device or a specified goods/service is not allowed after the filing of an application, except that you may modify a non-normalized name of a goods/service to a practically acceptable one according to the official requirement.
Moreover, if a trademark registration applicant or registrant finds any obvious error in the trademark application or registration documents, he or she can apply for a correction according to the Article 36 of the Trademark Law of P.R.C. China ("the Trademark Law").
Upon receiving such an application, the Trademark Office will execute an appropriate correction within its jurisdiction according to the Trademark Law, and notify the applicant. In other words, after submission of a trademark application document, modifications to a non-substantial error caused by the applicant's negligence are allowed, but those to a substantial amount of content are not permitted. | | | | Q3. If a joint ownership of a trademark right is intended, can we file a trademark registration application in the name of two or more applicants? | | | | According to Article 5 of the Trademark Law, if two or more applicants intend to jointly own the trademark right, applicants can jointly apply for the registration of the same trademark with the Trademark Office, and commonly enjoy and execute the exclusive trademark right. | | |
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