Plain-language reference

Trademark Glossary

Use this A–Z reference to understand the terms you meet while searching, choosing goods and services, planning a filing route or reviewing a China trademark matter. Definitions provide general orientation and never replace case-specific professional advice.

Updated 1 September 202659-term general referenceCase-specific conclusions require attributable human review

Showing 59 of 59 terms

A

Acquired distinctiveness

Basics

Distinctiveness developed through use, promotion and consumer recognition. Availability and evidentiary requirements differ by jurisdiction.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Do not assume use evidence automatically cures every distinctiveness issue in China.

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Applicant

Basics

The person or legal entity that files the trademark application. The applicant should match the intended owner and must provide the information required by the relevant office.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Foreign applicants may need to act through an eligible China trademark agency under the applicable rules.

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Assignment

Lifecycle

A transfer of ownership of an application or registration from one party to another, usually requiring documentation and recordal.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Assignment is different from a licence and may require separate filings and review.

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B

Basic mark

Filing strategy

The national or regional application or registration on which a Madrid international application is based.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

The basic mark creates an important dependency that should be understood before choosing Madrid.

Explore the related guide

C

Candidate record

Search

A public trademark record returned because it may be relevant to the search criteria. It is a lead for review, not a final conflict finding.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

Candidate records should be checked for status, owner, dates, class and goods/services.

Explore the related guide

China trademark subclass

Classes

A common informal expression for China's Similar Group structure inside a Nice class. It is useful shorthand, but the official analysis should use the current classification table and accepted items.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

A filing in one part of a class may not cover every commercially relevant group in the same class.

Explore the related guide

Class heading

Classes

A short description of the general subject matter of a Nice class. It is not automatically a complete list of every protected item in that class.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

Applicants should not rely on the class heading alone when choosing China goods/services.

Explore the related guide

Combined mark

Brand strategy

A filing that combines words and graphic elements in one mark. Changes to either element can affect comparison and practical scope.

Why it matters

It helps keep each sign and brand format distinct when planning searches and protection.

China context

A combined filing may be less flexible than separate word and logo filings when the brand presentation changes.

Explore the related guide

D

Deceptive mark

Basics

A sign that may mislead the public about matters such as the nature, quality or origin of the goods or services. The exact legal test varies by jurisdiction.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

A public Search result cannot resolve this issue by record matching alone.

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Descriptive mark

Basics

A sign that directly describes a characteristic, quality, purpose or feature of the relevant goods or services. Descriptive wording may face refusal or narrower protection.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

The assessment is made in relation to the filed goods/services and the perception of the relevant public.

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Designation

Filing strategy

The selection of a Madrid System member in which protection is requested. Additional members may be designated later when the conditions are met.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

A China designation is still subject to China examination and procedural requirements.

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Distinctiveness

Basics

The ability of a sign to identify one commercial source rather than merely describe the goods or services. Stronger distinctiveness generally improves the mark's trademark function.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Distinctiveness is a legal and factual assessment, not a percentage produced by the public Search tool.

Explore the related guide

F

Famous mark

Search

A mark that may receive enhanced protection because of a legally recognised level of reputation. “Famous” is not a casual marketing label and is determined under the applicable law.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

A public website should not automatically declare a mark famous or infer bad faith from reputation signals.

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Filing date

Filing strategy

The official date assigned to a trademark application when filing requirements are met. It can be important when comparing competing applications and priority claims.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

China generally follows a first-to-file structure, subject to applicable legal rules and exceptions.

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First-to-file

Filing strategy

A system in which filing priority plays a central role in determining who obtains registered rights, subject to the applicable law and exceptions.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

China is commonly described as first-to-file, which is why early filing and correct scope planning matter.

Review jurisdiction facts

Free Preliminary Professional Check

Basics

Trademarkora's narrow pre-payment professional review of a defined mark, jurisdiction and goods/services scope. It may return Proceed, Modify or Stop with concise reasons.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

It is not a guarantee, a full legal opinion or a substitute for separate dispute analysis.

See how it works

G

Generic term

Basics

The common name of a product or service rather than an indicator of commercial source. Generic terms ordinarily cannot function as exclusive trademarks for those goods/services.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

A term may be generic for one product but not for unrelated goods/services.

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Geographic term

Basics

A place name or geographic expression used in a proposed mark. It may create distinctiveness, descriptiveness or public-interest issues depending on context.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

The effect depends on the term, the goods/services and the applicable China rules.

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Goods and services

Classes

The products and activities for which trademark protection is requested. The wording sets the practical boundary of the application and registration.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

Broad business descriptions must usually be converted into accepted, specific items.

Open AI Class Finder

I

Identical mark

Search

A sign that is the same, or effectively the same, as another sign for the relevant comparison. Identity does not by itself answer every legal issue without considering goods/services and status.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

Exact-match searching is useful but is only one part of a proper pre-filing review.

Use Public Search

Inherent distinctiveness

Basics

Distinctiveness that comes from the mark itself, without needing evidence that consumers have learned to recognise it through use.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Whether a sign is inherently distinctive depends on the sign and the relevant goods/services.

Explore the related guide

International registration

Filing strategy

The registration recorded by WIPO under the Madrid System. It operates through designations and does not create one unitary worldwide trademark right.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Each designated member may examine protection under its own law.

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Invalidation

Lifecycle

A procedure challenging the validity of a registration on recognised legal grounds. It is not the same as opposition or non-use cancellation.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

China invalidation requires separate grounds, evidence, pricing and engagement analysis.

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L

Likelihood of confusion

Search

A legal assessment of whether relevant consumers may mistakenly believe that goods or services come from the same or related source.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

Similarity of signs and similarity of goods/services both matter; a result list alone is not the final conclusion.

Explore the related guide

Local representative

Filing strategy

A locally eligible lawyer, trademark professional, agent or entity required or used to act before a national office. The permitted role varies by jurisdiction.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Directory coverage does not prove that a named local representative is already assigned.

About Trademarkora

Logo mark

Brand strategy

A mark whose protected subject is a graphic, symbol or stylised design. A logo filing does not automatically provide the same scope as a plain word-mark filing.

Why it matters

It helps keep each sign and brand format distinct when planning searches and protection.

China context

Search and filing should reflect whether the logo contains readable words, Chinese characters or distinctive graphic elements.

Use Public Search

M

Madrid System

Filing strategy

WIPO's international trademark registration system, which allows eligible applicants to seek protection in designated members through one international filing framework.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Designation does not remove national examination or China-specific classification and refusal issues.

Explore the related guide

Modify

Basics

A professional-review outcome recommending that the mark, goods/services or filing strategy be adjusted before continuing.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

A material change may require fresh evidence and a new scope fingerprint.

See how it works

N

Nice Classification

Classes

The international classification system that organises goods and services into 45 classes for trademark registration. It helps structure applications but does not by itself define every national similarity rule.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

China uses the Nice framework together with its Similar Goods and Services table and Similar Groups.

Explore the related guide

Non-use cancellation

Lifecycle

A procedure seeking cancellation of a registration because the mark has not been used for the legally relevant period, subject to jurisdiction-specific rules.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Eligibility, timing, evidence and strategy require a separate matter assessment.

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O

Office action

Lifecycle

A communication from a trademark office raising an issue or requiring a response during examination. Terminology and procedure vary by jurisdiction.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

China refusal/review procedures should not be mixed with a standard filing package or Free Check.

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Office of origin

Filing strategy

The member office through which an eligible applicant submits a Madrid international application, based on the required connection and basic mark.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

The Office of origin is not the same as each designated national office.

Explore the related guide

Opposition

Lifecycle

A procedure in which an eligible party challenges a published trademark application before registration or at the applicable stage.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Opposition is a separate dispute matter requiring deadline, standing, grounds and evidence review.

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Opposition period

Lifecycle

The limited time in which an opposition may be filed after the relevant publication. The period and transition rules depend on the applicable law.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Use the current effective-dated China timeline registry rather than hardcoding one permanent period.

Review jurisdiction facts

P

Personal name mark

Brand strategy

A trademark consisting of or containing a person's name. Rights, consent, distinctiveness and conflict questions can differ from ordinary invented words.

Why it matters

It helps keep each sign and brand format distinct when planning searches and protection.

China context

Do not infer that an applicant is connected to the named person without verified evidence.

Explore the related guide

Power of attorney

Filing strategy

A document authorising a representative to act for the applicant or owner. Formalities differ by jurisdiction and procedure.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Use the current country requirements registry; do not assume notarisation or legalisation without evidence.

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Preliminary approval

Lifecycle

A procedural stage in which an application has passed examination sufficiently to be published for possible opposition, subject to the applicable system.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

In China, preliminary approval publication does not yet mean final registration.

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Priority

Filing strategy

A mechanism that may allow a later application to rely on an earlier qualifying filing date when the legal conditions and deadline are met.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Priority is not automatic; the applicant must meet the applicable requirements and provide the required information or documents.

Review jurisdiction facts

Proceed

Basics

A professional-review outcome meaning the current scope can continue into application preparation because no issue requiring a prior stop was identified in the defined check.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Proceed is not a guarantee of registration.

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Publication

Lifecycle

Official public notice of an application, registration or other trademark event. The legal effect depends on the publication type and jurisdiction.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Only the relevant preliminary-approval publication opens the ordinary opposition window for a China application.

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R

Refusal

Lifecycle

A decision or notice indicating that an application is not accepted in whole or in part. Available review or response routes depend on the jurisdiction and deadline.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

A refusal matter requires separate scope, deadline review, pricing and engagement.

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Registration

Lifecycle

The formal grant or recording of trademark rights by the relevant office after applicable requirements and procedures are completed.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

A filed or published application must not be described as registered.

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Renewal

Lifecycle

The procedure for maintaining a registration for another term by meeting the applicable deadline and requirements.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Renewal timing and fees are jurisdiction-specific and should come from a current registry.

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Review of refusal

Lifecycle

A procedure asking the competent authority to reconsider or review a refusal decision. It is separate from the ordinary filing process.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

China review-of-refusal work requires a separate case assessment and exact quote.

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S

Search result status

Search

The recorded procedural state of a trademark application or registration, such as pending, published, registered, refused, withdrawn or expired.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

Status affects relevance, but historical and current records should not be interpreted without checking context and dates.

Explore the related guide

Service mark

Basics

A trademark used for services rather than physical goods. Many systems use the word “trademark” as an umbrella term for both goods and services.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Services are classified mainly in Nice Classes 35–45, but the exact service wording remains important.

Explore the related guide

Similar Group

Classes

A grouping used in China's Similar Goods and Services table as a reference when assessing whether goods or services are considered similar.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

Items inside one Nice class may fall into different Similar Groups, and practical coverage can differ.

Explore the related guide

Similar mark

Search

A sign that resembles another in appearance, sound, meaning, overall impression or another legally relevant way.

Why it matters

It helps separate public-record evidence from a case-specific professional conclusion.

China context

The degree of similarity and the goods/services relationship require professional assessment.

Explore the related guide

Specification

Classes

The list of goods and services stated in an application or registration. Its wording affects examination, comparison, enforcement and future business use.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

China filing strategy should consider accepted item wording and Similar Group coverage.

Open AI Class Finder

Stop

Basics

A professional-review outcome meaning the current proposal should not proceed unchanged. The user may consider a new mark, a changed scope, detailed review or a separate dispute consultation.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

Stop is a case-specific recommendation, not an automated risk label.

See how it works

T

Trademark

Basics

A sign used to distinguish the commercial source of goods or services. It may include words, logos, combinations and other signs accepted by the relevant trademark office.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

China protection depends on the filed sign, the approved goods or services and the applicable registration record.

Explore the related guide

Trademark class

Classes

One of the numbered groups in the Nice Classification. Classes 1–34 mainly cover goods and Classes 35–45 mainly cover services.

Why it matters

It helps connect real business activity to specific goods and services without relying on a class number alone.

China context

The class number is only the starting point; the selected goods/services and Similar Groups matter.

Open AI Class Finder

Trademark licence

Lifecycle

Permission from the owner for another party to use the trademark under agreed conditions. Ownership does not transfer merely because a licence exists.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

Recordal and use-control issues depend on the applicable rules and agreement.

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Trademark owner

Basics

The person or entity recorded as owning an application or registration. Ownership information matters for enforcement, assignments, licences and portfolio control.

Why it matters

It helps keep the evidence, responsibility and next action precise.

China context

The owner shown in a public record should not be assumed to have a relationship with another brand without evidence.

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Trademark registration certificate

Lifecycle

The official document or electronic record evidencing registration. The certificate should be read together with the registered mark, owner, goods/services, dates and status.

Why it matters

It helps identify the relevant procedural stage instead of mixing it with ordinary filing preparation.

China context

A sample illustration must not be presented as a real client certificate.

Review verification

U

Use requirement

Filing strategy

A rule connecting trademark rights, filing basis, maintenance or vulnerability to actual commercial use. The timing and evidence vary greatly by jurisdiction.

Why it matters

It helps compare routes, scope and requirements without assuming that one option fits every case.

China context

Use questions in the United States should not be copied onto China applications as though the systems were identical.

Review jurisdiction facts

W

Word mark

Brand strategy

A mark consisting primarily of words, letters or numbers without claiming one fixed graphic presentation. It generally focuses protection on the verbal element as filed.

Why it matters

It helps keep each sign and brand format distinct when planning searches and protection.

China context

Chinese-character, Latin-letter and other word forms may need separate search and filing analysis.

Explore the related guide