Trademark is a rather important intellectual property. As a basic mark for distinguishing the sources of different commodities and services, trademark plays an essential role in:
• Leading market trading,
• Promoting economic development
• Maintaining the benefit of consumers.
In China, businessmen try to use the internet e-commerce platforms such as TMALL and JD.com to start and develop business. With the growth of businessmen, there are lots of problems occur especially the problem of infringement of the trademark.
Hence, in order to normalize the market environment, China unveiled the policy of Electronic Commerce Law, stating that internet e-commerce platforms should take responsibility for supervision. Internet e-commerce platforms also actively responded to the call of national law to avoid infringement, announcing various requirements for the trademark. Here are some selected items for sharing:
TMALL(domestic sales market)
1.1 brands without trademark acceptance notices(TM) or trademark registration certificates(®) are unacceptable.
1.2 trademarks(®) of the sole pattern are unacceptable. Because trademarks of the sole pattern can not generate the name of shops or domain names due to the rules of shop name.
1.3 individual households and non-China mainland enterprises are unacceptable.
© Image | Google
TMALL(cross-border sales market)
2.1 brands without a trademark registration certificate(®) are unacceptable.
2.2 In Trademark Certificates, non-China mainland original trademark certificate of the 35th category over one year is required(trademark certificate must be overseas trademark certificate or Hong Kong, Macao and Taiwan regions); that is to say, the 35th category must be registered.
2.3 overseas corporate entities are required rather than China mainland companies
© Image | Google
Besides, businessmen own TMALL flagship stores should be the trademark registrants or should have a legal letter of authorization from registrants
JD (domestic sales market)
3.1 brands without trademark acceptance notices(TM) or trademark registration certificates(®) are unacceptable.
3.2 applicants should provide Trademark Acceptance Notice(TM) and the period of application is no less than six months.
3.3 trademarks(®) of the sole pattern are unacceptable. Because trademarks of the pattern only can not generate the name of shop or domain name sue to the rules of shop name.
3.4 individual households and non-China mainland enterprises are unacceptable.
3.5 certificates or acceptance notices of change, transfer or renewal from Trademark Office are required if trademarks have been changed, transferred or renewed.
© Image | Google
JD Intl (cross-border sales market)
4.1 domestic companies are required to provide e-commerce platforms with:
4.1.1 trademark registration certificate (necessary condition)
4.1.2 legal letter of authorization or trademark agent authorization letter
4.1.3 valid company license
4.1.4 copy of two sides of the legal person’s ID card
4.1.5 test reported of goods
4.2 overseas companies are required to provide e-commerce platforms with:
4.2.1 Trademark registration certificate (necessary condition)
4.2.2 legal letter of authorization or trademark agent authorization letter
4.2.3 Business registration certificate
4.2.4 Registration certificate
4.2.5 Incorporation form (form NC1G)
4.2.6 Identity certificate of the director
4.2.7 copy of two sides of the director’s identity certificate
4.2.8 test reported of goods
© Image | Google
TIPS
1
(TM) is the mark indicating that the trademark application have been submitted but haven’t been approved by Trademark Office.
2
® means approved and registered trademark owned by trademark registrant and protected by law.
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