according to the trademark law, there are two principles for trademark registration in China: ① the principle of voluntary application for registration. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute or the services they provide shall apply to the Trademark Office for trademark registration of goods or services. The need to obtain the exclusive right to use a trademark mentioned here embodies the principle of voluntary registration. ② The principle of compulsory application for registration. Article 5 of the Trademark Law stipulates that goods that must use a registered trademark as stipulated by the state must apply for trademark registration, and those that have not been approved for registration may not be sold in the market. The commodities referred to here that must use registered trademarks include medicines for human use and tobacco products.

Legal Basis

Articles 4 and 5 of the Trademark Law of the People's Republic of China

Enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute or the services they provide shall apply to the Trademark Office for trademark registration of goods or services. The need to obtain the exclusive right to use a trademark mentioned here embodies the principle of voluntary registration. Goods that must use a registered trademark as stipulated by the state must apply for trademark registration, and those that have not been approved for registration may not be sold in the market. The commodities referred to here that must use registered trademarks include medicines for human use and tobacco products.