I.                     GENERAL

Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction.
Trademark registration is mandatory only for the following goods and/or services: tobacco products.
The approximate time from application to registration is: approximately 15 months.

II.                    PRE-FILING

A. Searching
While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
save the applicant the time, effort and cost entailed in developing, adopting and applying to register a trademark in which someone else has prior rights.
The national office is accessible online at the following URL: http://sbj.saic.gov.cn
The official register can be searched online.

B. Use
An applicant benefits from pre-filing use of a trademark.
The benefits of pre-filing use are: Use may demonstrate acquired distinctiveness (secondary meaning) and help to overcome an objection to an application to register the trademark on the grounds of non-distinctiveness.
Minimal. Trademark rights are largely established through registration. The advantage of earlier use of a trademark may be effective where applications are filed on the same day for identical or similar trademarks for the same or similar goods or services by two or more applicants. The preliminary approval (after examination) and the publication shall be made for the trademark that was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.
When a mark is not registered, use of that mark may provide the following benefits: Courts may protect unregistered trademarks in some exceptional cases.
Special protection against infringement may be available for a well-known trademark that is not registered.
Protection against infringement may be available for trademarks with substantial and longstanding use that are not registered. However, protection against infringement of an unregistered trademark with longstanding use is limited, if the mark is not well-known.

III.                  FILING

A. Requirements
If the applicant is not domiciled in this jurisdiction, it is not necessary to provide a local address for service.
To obtain a filing date and complete a trademark application, the following information, at a minimum, must be provided:
name and address of the applicant;
state or country of incorporation;
description of trademark (if the mark contains words in foreign languages);
specimen of trademark (unless the mark can be represented in plain block capital letters);
list of goods/services;
power of attorney.
A power of attorney might need to be submitted during prosecution in the following circumstances:
if called for during prosecution;
if there is a change of attorney.
Applications must be filed through a local trademark agency. Applicants are not allowed to file trademark applications online by themselves.

B. Priority
If an applicant's home country is a member of the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

C. Classification
If a trademark is or will be used in more than one class of goods and/or services, it is necessary to file a separate application for each class of goods and/or services.

D. Representation
An application to register a trademark may be filed by the applicant or by a representative/attorney/agent of the applicant. For an overseas applicant, the application should be filed through an officially recorded local trademark agent.
Only a local trademark representative/attorney/agent domiciled in the trademark jurisdiction of interest may file directly in this jurisdiction.

IV.                 APPLICATION

A. Publication
The filing particulars of an application are made available to the public.
The filing particulars are made available:
through publication and online.
The following application details are made available:
mark;
name of applicant;
address of applicant;
state or country of incorporation of applicant;
application number;
goods/services; publication number (which will be the registration number);
filing date;
agent.

B. Examination
Applications are examined in respect of:
formalities: i.e., for compliance with the filing requirements;
classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
clarity: i.e., that descriptions are clear, and are understandable;
descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing goods or services of one individual or organization from those of other individuals or organizations;
deceptiveness: i.e., to check whether a trademark of such a nature as to deceive the public (for instance as to the nature, quality or geographic origins of the goods or services);
conflict with prior an earlier registration, prior filed application or earlier unregistered rights resulting from an official search; 
the existence of any conflict with the PRC Trademark Law.

C. Prosecution
Accelerated examination may not be requested.
The following rights are established by a pending application:
the filing date of the application establishes a home filing date for purposes of priority;
the pending application can be cited in official examination against a subsequent (later filed) conflicting application;
the pending application can be used in a third party opposition proceeding against a subsequent (later filed) conflicting application.

REGISTRATION

A. Requirements
A fee is not required for issuance of the registration.
The following documentation is required for issuance of the registration:
none.

B. Rights
The following rights are established by registration:
the exclusive right to use the registered trademark;
the right to oppose subsequent conflicting applications;
the right to bring a cancellation action against a subsequent conflicting registration;
the right to sue for infringement against confusingly similar third party trademark use;
the right to license other third parties to use the trademark; the right to apply for seizure by customs authorities for importation of counterfeit goods; the right to assign the trademark to third parties. In addition, registration confers on the registrant the right to pledge as security its exclusive right to use the mark. When the registrant as a debtor or guarantor pledges its right of exclusive use of a registered trademark as security and fails to perform its reimbursement obligation, the creditor is entitled to the priority of compensation by converting, auctioning or selling the rights for money. In cases of infringement, the registrant has the right to request the authorities for industry and commerce at various levels to investigate and punish the infringers. When a trademark is registered, the period of validity of the registration lasts for ten years, counted from the date of approval of the registration. If the registrant intends to continue to use the registered trademark beyond the expiration of validity, it has the right to file a renewal application. If the application is approved, the registration will be valid for another ten years.
A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
counting from the filing date of the application for registration of the mark: five years; unless the mark was obtained in bad faith or is in conflict with the interest of a well-known mark.
The territorial limit of registration is: mainland China.

C. Term
The initial term of a registration is:
ten years.
The beginning of the term of a registration is calculated from the:
registration date.

D. Use Requirements
Attack on the ground of non-use is available.
To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time: If a registered trademark is not used in three consecutive years after registration, it would be vulnerable to a non-use cancellation action. The duration of non-use of a registered trademark is three consecutive years, calculated by dating back three years from the date of receipt of "Application for Cancellation of Registered Trademark Not Having been Used for Three Consecutive Years" by the Chinese Trademark Office.
Use of the trademark must occur in:
this jurisdiction.
The consequences of a trademark’s not being used are as follows: cancellation of the registration of the mark.
Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.
An action for non-use of a trademark can be brought by:
any interested third party.
Non-use can be excused under the following circumstances:
other government policies;
force majeure.
Resumption of use after non-use for the prescribed period (see above) does not cure non-use.
Use of a registered trademark in a modified form would affect the enforceability of the registration and is not allowed.
Amendment of a registration to conform to a modified form is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.