1. When is a trademark registration certificate required for cosmetic registration and filing?
According to Article 28 of the Provisions for the Registration or Filing Dossier of Cosmetics, the registrant and the filing person shall submit the basis for naming the product name. It shall specify the trademark name, generic name, and attribute name, with explaining their specific meanings respectively. For imported products, the foreign name and the Chinese name shall be explained respectively, and the corresponding relationship between the Chinese name and the foreign name shall be explained (except for those designed for the Chinese market without a foreign name). Where the Chinese name of a product uses letters, Chinese pinyin, numbers, symbols, etc., a trademark registration certificate shall be provided.
2. Is it possible to complete cosmetic registration and filing without a trademark registration certificate?
According to Article 28 of the Provisions, the product shall have a trademark name. If the product trademark name uses standard Chinese characters, cosmetic registration and filing can be completed without a trademark registration certificate.
3. If the product trademark name is standard Chinese characters and there is no trademark registration certificate, what is the expected impact on cosmetic registration and filing, and sales on the Chinese market?
There is no impact on cosmetic registration and filing. If there is no trademark registration certificate, the enterprise shall prepare for infringement and being infringed in advance when the product is sold on the market.
4. If the trademark registration certificate of the Chinese brand name of the product is a foreign trademark without a registered trademark in China, can the trademark be used during the process of cosmetic registration and filing?
Certainly not. A trademark registration certificate in China is required.
5. If the trademark name of the product uses letters, and it only has a TM trademark, can this trademark be used during the process of cosmetic registration and filing?
Certainly not. A trademark registration certificate that has completed registration is required.
6. What do I need to pay attention to when sales package labels with registered trademarks in foreign languages?
According to Article 6 of the Measures for the Administration of Cosmetics Labels, cosmetics shall have Chinese labels with using standard Chinese characters. If other characters or symbols are used, the corresponding explanation in standard Chinese characters shall be marked on the visible surface of the sales package, except for websites, names and addresses of overseas enterprises, conventional and technical terms, etc. that must use other characters.
If multiple visible surfaces of the product label have the same registered trademark with the foreign language, the corresponding explanation in standard Chinese characters may be marked on only one of the visible surfaces.