How to Register a Trademark in China: Complete Process for Foreign Brands

China’s First-to-File System: Why It Matters

China operates a strict first-to-file trademark system. Unlike jurisdictions that recognise common law trademark rights based on use, China grants trademark rights to the first party to file a valid application — regardless of whether that party was the first to use the mark in commerce. This fundamental principle has profound implications for any foreign company doing business in or with China.

The consequences of not filing early can be severe. Trademark squatting — where a third party registers your brand name, logo, or product name before you do — is a well-documented problem in China. Once a squatter registers your mark, they can prevent you from using your own brand in China, demand payment to transfer the registration back to you, or even sue you for trademark infringement if you sell products under your own brand name.

Famous cases of trademark squatting in China include Apple’s protracted battle over the iPad trademark (resolved only after paying USD 60 million), Tesla’s dispute over its name in Chinese characters, and countless smaller cases affecting companies of all sizes. The lesson is unequivocal: register your trademarks in China before you enter the market, before you exhibit at a trade show, and before you begin sourcing from Chinese manufacturers.

What Can Be Registered as a Trademark in China

Under China’s Trademark Law, the following signs are registrable as trademarks, provided they are distinctive and do not conflict with prior rights:

• Words and names: Brand names in any language or script, including Latin characters, Chinese characters, or a combination of both. We strongly recommend registering both your English brand name and its Chinese equivalent (whether a transliteration, translation, or specially created Chinese brand name).
• Logos and devices: Graphic designs, symbols, and figurative marks
• Combination marks: Words plus design elements
• Three-dimensional marks: Product shapes and packaging, provided they are not purely functional
• Colour combinations: Distinctive colour schemes applied to goods or packaging
• Sound marks: Audible brand signatures — the Nokia ringtone and the Intel chime are among the sound marks registered in China

Certain signs are not registrable, including generic terms, descriptive marks (unless they have acquired distinctiveness through extensive use), marks identical or similar to state emblems or flags, marks that are deceptive, and marks that violate public order or socialist morality.

Pre-Filing Search and Clearance

Before filing a trademark application, a comprehensive search of the China Trademark Office (CTMO) database is essential. The search identifies prior registrations and pending applications that may conflict with your proposed mark, allowing you to assess the likelihood of success before investing time and money in the application.

A proper clearance search should cover:

• Identical marks in the same class
• Similar marks in the same class — the CTMO examines similarity based on visual appearance, phonetic resemblance (including in Chinese pronunciation), and conceptual meaning
• Well-known marks that may enjoy cross-class protection
• Prior rights, including registered company names, domain names, and copyright-protected works

If the search reveals potential conflicts, you can adjust your mark, narrow the list of designated goods or services, or take steps to overcome the cited prior mark — such as negotiating a coexistence agreement, purchasing the prior registration, or filing a non-use cancellation action against a mark that has been registered for more than three years without genuine use.

The Application Process Step by Step

The China trademark application process follows a structured sequence managed by the China National Intellectual Property Administration (CNIPA), which oversees the CTMO:

1. Filing: The application is submitted electronically or on paper to the CTMO. Required information includes the applicant’s name and address (in both English and Chinese), a clear representation of the mark, a list of goods and services classified according to the Nice Classification, and a power of attorney if filed through an agent. Foreign applicants without a registered address or place of business in China must file through a China-registered trademark agent.
2. Formality Examination: The CTMO reviews the application for formal completeness. If deficiencies are found, a notice of correction is issued with a deadline for response (usually 30 days). Once the formalities are approved, the application receives a filing date and application number. This stage typically takes 1 to 2 months.
3. Substantive Examination: The CTMO examiner reviews the mark for compliance with substantive requirements — distinctiveness, non-functionality, and absence of conflict with prior registrations or applications. The examiner searches the database for conflicting marks and assesses the likelihood of confusion. This stage typically takes 6 to 9 months from filing.
4. Preliminary Approval and Publication: If the examiner finds no grounds for refusal, the mark is preliminarily approved and published in the Trademark Gazette for a three-month opposition period. During this period, any interested party may file an opposition against the registration.
5. Registration: If no opposition is filed (or if an opposition is resolved in the applicant’s favour), the mark proceeds to registration. The CTMO issues a trademark registration certificate, and the registration is recorded in the Trademark Register. The registration is valid for 10 years from the registration date.

The Nice Classification and Sub-Classes

China uses the international Nice Classification system, which divides goods and services into 45 classes (Classes 1-34 for goods, Classes 35-45 for services). However, China also employs a sub-classification system that further divides each class into sub-classes. The CTMO examiner searches for conflicts within the same sub-class, and goods or services in different sub-classes within the same class are generally not considered similar — though there are exceptions for closely related goods and services.

Selecting the correct classes and sub-classes is a critical strategic decision. A trademark registration only protects the goods and services listed in the application. A narrowly drafted specification may leave gaps that competitors or squatters can exploit. A well-drafted specification covers:

• Your current products and services
• Planned future product and service lines
• Related goods and services that could cause consumer confusion if used by a third party
• Core business services such as retail, distribution, advertising, and business management

A typical foreign company entering China will file in at least 3 to 5 classes, sometimes more depending on the breadth of its business.

Timeline and Key Milestones

A smooth, unopposed China trademark application follows this approximate timeline:

• Filing to formality examination complete: 1 to 2 months
• Filing to substantive examination complete: 6 to 9 months
• Publication period: 3 months
• Filing to registration certificate issuance: 10 to 14 months

Delays can occur if the CTMO issues an office action (a provisional refusal requiring a response), if a third party files an opposition, or if the application encounters administrative backlog. An office action must be responded to within the specified deadline — typically 15 or 30 days — or the application will be deemed abandoned.

Opposition, Review, and Invalidation

China’s trademark system provides several mechanisms for challenging a registration:

• Opposition: Any party may file an opposition within three months of publication. Grounds include conflict with prior rights, lack of distinctiveness, bad-faith filing, and violation of public interest. If the opposition is upheld, the mark is refused registration. If dismissed, the mark proceeds to registration.
• Review of Refusal: If the CTMO refuses an application, the applicant may request a review before the Trademark Review and Adjudication Board (TRAB) within 15 days. If the TRAB upholds the refusal, the applicant may appeal to the Beijing IP Court.
• Invalidation: After registration, any party may file an invalidation action with the TRAB on the grounds that the mark should not have been registered — for example, because it is descriptive, deceptive, or conflicts with prior rights. There is no time limit for invalidation based on absolute grounds (public interest) or bad faith, but invalidation based on relative grounds (prior rights) must generally be filed within five years of registration.
• Non-Use Cancellation: Any party may file a cancellation action if a registered mark has not been used in China for a continuous period of three years. The burden of proof rests on the trademark owner to demonstrate genuine commercial use.

Renewal and Maintenance of Trademark Rights

A China trademark registration is valid for 10 years from the registration date and may be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within 12 months before the expiry date, with a six-month grace period available at an additional fee.

Beyond renewal, maintaining a trademark registration in China requires active use. As noted above, a registration unused for three consecutive years is vulnerable to cancellation. Use must be genuine commercial use in China — token use solely for the purpose of maintaining the registration will not suffice. Acceptable evidence of use includes:

• Invoices and contracts showing sales of goods or services under the mark in China
• Advertising and promotional materials distributed in China
• Product packaging, labels, and tags bearing the mark
• Exhibition participation at trade fairs in China
• Online sales records showing transactions with Chinese consumers

Enforcement: How to Protect Your Rights

Registering a trademark is the first step — enforcing it is the ongoing work. China offers multiple enforcement avenues:

• Administrative Enforcement: The local Administration for Market Regulation (AMR) can investigate and penalise trademark infringement, including seizing counterfeit goods, imposing fines, and ordering the infringer to cease infringing activities. Administrative complaints are often faster and less expensive than litigation and are suitable for straightforward infringement cases.
• Civil Litigation: Trademark owners can file a lawsuit in the specialised IP courts or divisions of the People’s Courts, seeking injunctions, damages, and destruction of infringing goods. China has established specialised IP courts in major cities, and damage awards have increased significantly in recent years.
• Criminal Enforcement: Serious cases of counterfeiting and trademark infringement can be referred to the Public Security Bureau (PSB) for criminal investigation. Criminal penalties include imprisonment and substantial fines.
• Customs Protection: Trademark owners can record their registrations with China Customs. Customs officers will then monitor imports and exports for goods bearing infringing marks, seizing suspect shipments and notifying the rights holder.
• Online Platform Enforcement: Major e-commerce platforms — including Alibaba, JD.com, and Pinduoduo — operate takedown systems that allow trademark owners to submit complaints against infringing listings. These systems are fast and effective for online counterfeits.

International Filing Through the Madrid System

China is a member of the Madrid Protocol, which allows trademark owners to designate China in an international application based on a home-country registration or application. A Madrid designation of China goes through the same substantive examination as a direct national filing and is subject to the same legal standards.

The Madrid route can be cost-effective if you are filing in multiple jurisdictions simultaneously. However, it has limitations: the Chinese CTMO communicates office actions and provisional refusals through the World Intellectual Property Organization (WIPO), which can introduce delays, and the international registration remains dependent on the home-country registration for the first five years (central attack vulnerability). For companies whose primary or most important market is China, a direct national filing through a China-registered trademark agent is often the more reliable approach.

Common Mistakes by Foreign Applicants

Drawing on our experience handling over 2,500 trademark matters in China, here are the most frequent mistakes made by foreign companies:

• Filing too late or not at all: The single most damaging mistake. File before you enter the market, before you exhibit, before you manufacture.
• Not registering the Chinese version of the brand: Even if your products are sold under an English brand name, Chinese consumers and distributors will inevitably create a Chinese name for your brand. If you do not register it, someone else will.
• Overly narrow class coverage: Filing in only one class to save cost creates gaps that competitors or squatters can exploit. Strategic coverage across multiple relevant classes is a worthwhile investment.
• Assuming a home-country registration is enough: Trademark rights are territorial. A US, EU, or other foreign registration gives you zero protection in China.
• Failing to monitor and enforce: Registration alone is not enough. Regular monitoring of the CTMO database, marketplace surveillance, and prompt enforcement action are necessary to maintain the value and exclusivity of your trademark rights in China.

At Dan Young Business Consultancy, our trademark team handles the full lifecycle of trademark protection in China — from pre-filing search and strategic classification advice through registration, renewal, and enforcement. With over 2,500 trademarks filed, we understand the nuances of the CTMO examination practice and the practical realities of protecting intellectual property in the Chinese market.