The foreign cosmetic company shall submit the name of the product when applying for the Credential of the Imported (Non-)Special-purpose Cosmetic Products to the Ministry of Health of P.R.C. The name of product consists of trademark, common name and attributed name in terms of Naming Stipulations on Health Product of the Ministry of Health of P.R.C The trademark is of enterprise brand.
The Ministry of Health of P.R.C does not care whether your trademark is registered in China or not, so your product faces potential risk. After the Credential of the Imported (Non-)Special-purpose Cosmetic Products is successfully issued, your product name including trademark will be put in the Credential. If your trademark did not registered, it is possible that somebody will forestall to register the same name as your product’s. If so, you have to rename your product, change the package and advertising materials, etc.
Moreover, you have to apply to change your product name in the Credential in the Minister of Health, including the trademark. If you register new trademark instead to change product name, your product sold in the market is not allowed because the name is different with which in the Credential. Although it is feasible that you change your product name after registration of the trademark, it takes longer time and the procedure is quite complicated.
Strong suggestion: Before application for the Credential to the Ministry of Health, please assure that your trademark is not used and apply to register it in the Trademark Office of State Administration for Industry and Commerce of the PRC. According the principle of “Priority for Application Preceding”, the trademark is yours basically. The following is very important for you to apply for the registration for the product trademark:
1.The Authorized Organization for Trademark Registration: Trademark Office of State Administration for Industry and Commerce of the PRC.
2.The trademark can be of character, logo or the combination of both. International Commerce Classification is adopted in China, in which the cosmetic is in the third category.
The category of your product or service is determined according to the commerce and service classification table for trademark registration. The applicant should apply to register for the different category according to the commerce classification where the same trademark is used in different category of the commerce.
Before the application for trademark registration, the applicant / agent should inquire if there is the same/similar registered trademark of “Priority for Application Preceding”. 4.Materials for Trademark Registration
（1）If the applicant is of the natural person, show the original ID card and submit the copy. If the applicant is of enterprise, show thecounterpart of Business License and the copy sealed by the issuing department. Meanwhile, submit the complete application form sealed by the enterprise or signed by the nature person.
（2） Trademark Pattern
（3） Registration Fee: 2,500RMB/each totally
5.It is very important to fix application date. Since the principle of “Priority for Application Preceding” is applied in China, the date of application is the law evidence to trademark privileges. The application date is of the date when the Trademark Office receives the application document (the minimum unit is date).
The authority in charge of trademark registration will determine to accept or reject the application referring to the registration regulations through examining the application document, retrieving information, making comparison and analysis and investigation related information
7.Primary Review Announcement：
Where the authority in charge of trademark registration determines to accept the application and notifies in the Trademark Announcement. Consequently, the applicant will receive the Acceptance Notice ofApplication for Trademark. If nobody raises an objection within 3 months since the notification date, the trademark is allowed to register and published in the registration Announcement.
Trademark registration is a law procedure. If nobody raises an objection or the objection is invalid in the judgment within 3 months since the notification date, the trademark is valid and protected with law. It takes one or one and a half year from application to registration. The period of validity of a registered trademark is about ten years. The renewal for registration because of trademark expiry is needed if the trademark will be used continuously (Renewal fee is about 2,000RMB pay to related department, and the period of validity is 10 years. )
9.Trademark Registration Period
It will take about 1 year from application to registration for a brand new trademark. That includes one month of acceptance and review, four to five months of substantive audit, three months of objection period and about three months of approving announcement and raising the Credential.
2、Domain Name Registration
The domain name in Internet is the name of a server or a system in Internet. There is no the same domain name in the world. A domain name is of certain English letters and number which is separated into parts by a “.”, such as czsd.com.cn is a domain name.
In terms of technology, domain name is a linkage to correspond the address. It is only a technical term. However, Internet belongs to the whole world, the domain name is a term of social science naturally.
The domain name in Internet is very limited since the same name is exclusive which cannot be registered repeatedly. The person who registers it will own it.
The person who links to Internet will access all the domain name no matter it is international or home name. In the view of social science, domain name is a very important part of Internet culture. In the view of business circles, domain name is called as “Trademark of Enterprise in Internet”. All enterprises value their mark -Trademark. Importance and value of domain name has been recognized by the enterprises in the world.
The domain name in Internet corresponds with IP address one by one. Although domain name is memorized easily, computer can only recognize IP address. Conversion between the computers is called DNS, which is carried out by specific server automatically.