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Latest NewsNewsRegulations24/10/2022FAQs on Trademark in the Registration and Notification of Cosmetics

Do you feel cloudy in the process of registration or notification of cosmetics? ZMUni has collected some FAQs in terms of the trademark and offers answers for products imported into China.

Q1. In what condition is Trademark Registration Certificate required?
Having regard to Article 28 in the Rules for Registration and Notification Dossier of Cosmetics, registration and notification persons shall provide evidence for the naming of their products. The evidence shall include and specify the trademark and all the functions and attributes of products presented in the name. If the imported products have names both in Chinese and foreign languages, both of which along with their relationship shall be specified, except for the products designed for the Chinese market using names only in Chinese.

If only Standard Chinese is used in the names of products, Trademark Registration Certificate is not a prerequisite for registration or notification of products.

If letters, Chinese alphabets, numbers, symbols, etc. are used in the names of products, Trademark Registration Certificate is required for the registration or notification of products.

 

 

Q2. If only Standard Chinese is used in the names of products, can the products be registered, notified, or placed in the market without Trademark Registration Certificate?
Trademark Registration Certificate is not a prerequisite for registration or notification of products when only Standard Chinese is used in the names of products. However, if your products are placed in the market without Trademark Registration Certificate, there might be concerns of piracy or charges of infringement.

 

 

Q3. If the trademark in Chinese was registered in other countries, can this trademark be used for registration or notification when it is not registered in China? 
No, Trademark Registration Certificate registered in China shall be provided.

 

 

Q4. Can the trademark be used for registration or notification if it is in letters and has the TM symbol?
No, Registration Certificate of Trademark shall be provided for registration or notification. TM is a symbol indicating that the application for the trademark has been submitted, but whether the certificate will be issued is still under assessment.

 

 

 

Q5. What is required if a foreign language is used in the label? 
Having regard to Article 6 in the Measures for the Administration of Cosmetic Labels, cosmetics shall have labels in Standard Chinese. If other languages or symbols are used, they shall be specified in Standard Chinese prominently shown in their packages, except for websites, names, addresses of oversea enterprises, or other conventional professional terms that must be in other languages.

If the trademark is presented on more than one side of the package, the specification of this trademark in Chinese is required to be prominently shown on one side.