Trademark Registration in China: Protecting Your Brand Under the First-to-File System

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

China operates a strict first-to-file trademark system. Unlike jurisdictions such as the United States where prior use can establish rights, trademark ownership in China belongs to the first party that files a valid application with the China National Intellectual Property Administration (CNIPA). Actual use of the mark, even extensive use over many years, does not automatically confer ownership rights if someone else files first.

This fundamental difference has profound implications for foreign companies entering the Chinese market. A foreign brand that has operated internationally for decades can find itself locked out of its own name in China simply because it delayed filing. In many cases, the party that filed first is a local distributor, a former business partner, or an opportunistic third party — a practice known as trademark squatting.

The good news is that China’s trademark system has become more efficient and more protective of legitimate rights holders in recent years. The CNIPA processes millions of applications annually and has implemented measures to combat bad-faith filings. But protection starts with one decisive step: filing before you enter the market.

What Can Be Trademarked in China

China’s Trademark Law recognizes a broad range of registrable marks:

• Word marks — Brand names in English, Chinese characters, or other scripts. For foreign brands entering China, registering both the English/original name and a Chinese transliteration is strongly recommended. A Chinese name that consumers organically adopt can become the de facto brand, and failing to register it leaves it vulnerable to third-party filing.
• Device marks (logos) — Graphic designs, stylized word marks, and combined logo-word marks. For Chinese registration, filing the logo in black and white is often preferred because it protects the design in any color scheme, whereas a color-specific filing protects only that exact color combination.
• Three-dimensional marks — Product shapes and packaging designs that have acquired distinctiveness through use. The bar for distinctiveness is higher than for two-dimensional marks.
• Sound marks — Recognized since the 2014 Trademark Law revision, though registrations remain relatively rare and require strong evidence of distinctiveness.
• Color combination marks — Specific color combinations applied to goods or packaging, provided they have acquired distinctiveness.
• Certification and collective marks — For industry associations and standards bodies.

The Trademark Registration Process Step by Step

Step 1: Pre-Filing Search

Before filing, a comprehensive search of the CNIPA database is essential to identify existing registrations or prior applications that may block your mark. The search covers identical marks and similar marks in the relevant class(es). CNIPA examiners also consider cross-class conflicts for well-known marks. A thorough search uncovers potential objections early — before filing fees and time are committed.

Step 2: Application Filing

The application is filed with the CNIPA, either directly or through the Madrid Protocol (discussed below). The application must specify the mark, the applicant’s details, and the Nice Classification class(es) and specific goods or services. China uses the 11th edition of the Nice Classification, with 45 classes total (classes 1–34 for goods, 35–45 for services).

Sub-class selection matters in China. Each class contains sub-classes, and protection extends to the sub-classes explicitly claimed. A filing that names only a generic class heading may not cover all the specific goods or services the business actually trades in. A carefully drafted specification — covering current and planned business activities — is the foundation of enforceable rights.

Step 3: Formal Examination (1–2 months)

CNIPA reviews the application for formalities: correct applicant information, power of attorney (if filed through an agent), payment of fees, and completeness of documentation. Applications that pass formal examination receive an official filing date and application number.

Step 4: Substantive Examination (6–9 months)

The substantive examination is the core of the process. CNIPA examiners assess the application against absolute grounds (is the mark distinctive? is it descriptive? is it deceptive or contrary to public order?) and relative grounds (does it conflict with prior registrations or applications?). If the examiner raises objections, the applicant receives a Notification of Provisional Refusal and has a limited period — typically 15 days, extendable — to submit a response or argument.

Step 5: Publication and Opposition (3 months)

Applications that survive substantive examination are published in the CNIPA Trademark Gazette. Any interested party may file an opposition within three months of publication. Oppositions are relatively common in China, particularly for marks that resemble well-known international brands or marks filed by parties with a known history of squatting.

Step 6: Registration and Certificate Issuance (1–2 months)

If no opposition is filed, or if an opposition is decided in the applicant’s favor, the CNIPA issues the Certificate of Trademark Registration. The mark is registered for a term of 10 years from the registration date, renewable indefinitely for successive 10-year periods.

Costs and Timeline for Chinese Trademark Registration

The total timeline for a straightforward, unopposed trademark registration in China is approximately 10 to 14 months from filing to certificate issuance. The official government filing fee is RMB 300 per class for up to 10 items per class (as of current schedule), with additional charges for exceeding 10 items. Professional service fees for search, application drafting, and prosecution management vary depending on the mark’s complexity and the number of classes.

Costs increase if the application encounters objections, oppositions, or if appeals are required. However, the cost of registration is almost always a fraction of the cost of litigation to recover a mark that was never filed — or the cost of rebranding after a squatter claims ownership.

Madrid Protocol vs. Direct China Filing

Foreign applicants have two routes for trademark registration in China:

Madrid Protocol (International Registration)
The applicant files an international application through their home country’s trademark office, designating China. Advantages include a single application in one language, payment in one currency, and centralized management of renewals and assignments. However, the Madrid route is dependent on the home country registration. If the home application is rejected or cancelled within five years — the “central attack” period — the China designation collapses with it. Also, CNIPA examines Madrid applications under the same substantive standards as direct filings, and procedural requirements such as responding to office actions within strict deadlines still apply.

Direct China Filing
The applicant files directly with CNIPA through a registered Chinese trademark agent. Advantages include independence from the home country registration, generally faster processing, and the ability to pursue a specific strategy tailored to Chinese trademark examination practice. Direct filing is often the preferred route for companies whose primary manufacturing or market presence is in China, or for companies that do not yet have a home-country registration and cannot wait for one.

Many foreign companies use both routes: Madrid for a broad initial filing covering China among other jurisdictions, followed by direct China filings for supplementary registrations such as Chinese-character marks that are not part of the international registration.

Bad-Faith Filings and Trademark Squatting

Trademark squatting — where a third party files a foreign brand’s name in China before the brand owner does — remains one of the most common IP challenges for foreign companies. Squatters typically fall into several categories:

• Distributors and business partners who register the brand in their own name during or after a business relationship
• Competitors seeking to block market entry
• Professional squatters who file well-known marks and then offer to sell them back at inflated prices
• Manufacturing partners who register marks they encounter through OEM relationships

China’s 2019 Trademark Law amendments strengthened provisions against bad-faith filings. Applicants must now demonstrate a genuine intention to use the mark, and CNIPA has the authority to reject applications deemed filed in bad faith. Administrative penalties and civil liability for bad-faith applicants have been introduced. The CNIPA has also accelerated cancellations of marks filed for hoarding or speculative purposes.

Despite these reforms, the best defense against squatters is early filing. Register your core brand marks — English, Chinese characters, and logo — before entering into discussions with distributors, before exhibiting at trade shows, and before manufacturing samples with your brand on them.

Enforcing Your Trademark Rights in China

Enforcement avenues in China include:

Administrative Enforcement
The local Administration for Market Regulation (AMR) can investigate and penalize trademark infringement through raids, seizures of counterfeit goods, and fines. Administrative enforcement is generally faster and less expensive than litigation and is appropriate for straightforward counterfeiting cases where the infringer’s identity is known.

Civil Litigation
Trademark infringement lawsuits are heard by specialized IP courts or tribunals in major cities. Available remedies include injunctions, damages (statutory or actual), and destruction of infringing goods. China has established dedicated IP courts in cities including Guangzhou, providing specialized judicial expertise for IP disputes.

Customs Protection
Record your trademark with China Customs to intercept counterfeit goods at the border. Customs can seize suspected infringing goods on both import and export. Recordation requires a valid Chinese trademark registration and is one of the most cost-effective enforcement measures available.

Online Platform Enforcement
Major e-commerce platforms operating in China maintain IP complaint systems that allow rights holders to request takedown of infringing listings. Response times vary by platform, and a valid Chinese trademark registration is almost always required to file a complaint.

Common Mistakes Foreign Companies Make

1. Filing Only in English
Registering the English brand name is essential, but ignoring the Chinese transliteration — or the Chinese name that Chinese consumers actually use to refer to the brand — is a critical gap. File the Chinese-character mark as soon as it is selected, whether it is a transliteration, a translation, or an invented name.

2. Narrow Class Coverage
A filing that covers only one class when the business spans multiple categories creates gaps. For example, a company that manufactures clothing (Class 25) but also operates retail stores (Class 35) and sells branded accessories (Class 18) needs all three classes protected.

3. Filing Too Late
Filing after the product is already in the market, after distribution relationships are established, or after trade show participation opens the door to squatters. File at least 6 to 12 months before planned market entry.

4. Neglecting Renewal Deadlines
A trademark can be renewed within 12 months before expiry or within a 6-month grace period after expiry. Beyond the grace period, the registration is cancelled and must be refiled — potentially losing the original priority date and risking intervening filings.

5. Failing to Record Changes
Changes to the registrant’s name or address must be recorded with CNIPA. Failure to record changes can result in missed official notifications and, in severe cases, vulnerability to non-use cancellation actions.

Trademark Strategy Before Market Entry

A proactive China trademark strategy should include these steps, ideally completed 6 to 12 months before commercial activity commences:

1. Conduct a clearance search for your English mark, Chinese-character mark, and logo across all relevant classes
2. Select and file your Chinese brand name — whether a phonetic transliteration, a semantic translation, or a created name that conveys the brand’s positioning
3. File core marks across all current and planned business classes
4. File defensive registrations for similar marks or alternative transliterations that a competitor might exploit
5. Record your registrations with China Customs for border enforcement
6. Establish ongoing monitoring for conflicting applications that may slip through into publication

How Dan Young Business Consultancy Helps

Dan Young Business Consultancy has supported over 2,500 trademark registrations for foreign enterprises doing business in China. Our trademark services include:

• Comprehensive pre-filing availability searches across all relevant Nice Classification classes
• Chinese brand name development — strategic selection of transliterations and translations that protect the brand and resonate with Chinese consumers
• Full application management — preparation, filing, and prosecution before CNIPA, including responses to office actions and oppositions
• Madrid Protocol and direct China filing strategies — advising on the optimal route for your circumstances
• Trademark portfolio management — tracking renewal deadlines, recording changes, and maintaining registration validity
• Enforcement support — administrative complaints, customs recordation, and online platform takedowns
• Bad-faith filing defense — opposition and cancellation actions against squatters

Protecting your brand in China starts with one decisive filing. Dan Young helps foreign enterprises make that filing — and every subsequent one — correctly, comprehensively, and before it is too late.