When applying for a graphic trademark registration with the China National Intellectual Property Administration (CNIPA), you are not required to provide a so-called "copyright certificate." However, it is recommended to conduct a "copyright checkup" on the graphic trademark to confirm that you own the copyright before filing the trademark application.
Article 19 of China's Copyright Law stipulates that for a work created under commission, the ownership of the copyright shall be agreed upon by the client and the commissioned party through a contract; if there is no explicit agreement or no contract is concluded, the copyright belongs to the commissioned party.
Therefore, if your graphic trademark was designed by someone else under commission, it is recommended to verify whether the following two points have been satisfied:
A formal commissioned design agreement has been signed with the commissioned party;
The commissioned design agreement explicitly stipulates that the copyright belongs to you (the client).
Only when the above two conditions are met is it advisable to proceed with trademark registration for the graphic. Otherwise, your graphic trademark may have a copyright defect, and it is not recommended to use or register it as a trademark.
Copyright arises automatically upon the completion of a work, not upon copyright registration. The "copyright checkup" mentioned above is not the same as "copyright registration."
