Trademark Registration in China: A Step-by-Step Guide

Understanding the Basics of Chinese Trademark Law
China operates on a “first-to-file” system, meaning trademark rights are granted to the first entity to submit a valid application—not necessarily the first to use the mark commercially. This makes timely registration critical for businesses looking to protect their brand in the Chinese market. The process is administered by the China National Intellectual Property Administration (CNIPA), which oversees trademark examinations, registrations, and disputes.

Foreign applicants can file directly with CNIPA or use the Madrid Protocol for international registration. However, navigating China’s unique classification system (based on the Nice Classification) and language requirements often necessitates local expertise.

Step 1: Conduct a Comprehensive Trademark Search
Before filing, conduct a thorough search of CNIPA’s database to ensure your desired mark isn’t already registered or pending approval. Key considerations:

• Exact matches: Even minor differences in spelling or design may not avoid infringement claims.
• Similarity risks: CNIPA may reject marks deemed phonetically, visually, or conceptually similar to existing registrations.
• Class selection: China uses 45 product/service classes. Accurately identifying relevant classes is vital—for example, a clothing brand might need Class 25 (apparel) and Class 35 (retail services).

Tip: Engage a local IP agency to perform the search, as CNIPA’s database is only available in Chinese.

Step 2: Prepare Application Materials
Required documents include:

1. Applicant information: Name, address, and nationality (for individuals) or registration details (for companies).
2. Clear trademark representation: A JPEG file showing the mark in black-and-white or color.
3. List of goods/services: Specify the exact products or services under each class. Broad terms like “clothing” may lead to objections; instead, use specifics like “men’s cotton T-shirts.”
4. Power of Attorney: If using an agent, a signed POA is mandatory.

For non-Chinese applicants, all documents must be translated into Simplified Chinese by a certified translator.

Step 3: Submit the Application
Applications are filed electronically via CNIPA’s online portal. After submission:

• A serial number is issued immediately.
• CNIPA conducts a formality examination (1–2 months) to verify document completeness.
• A substantive examination (6–9 months) follows to assess distinctiveness, conflicts with prior marks, and compliance with Chinese law.

If objections arise, applicants have 30 days to respond with evidence or arguments. Common rejection reasons include:

• Lack of distinctiveness (e.g., generic terms like “Premium Quality”).
• Cultural insensitivity (e.g., symbols conflicting with Chinese moral values).

Step 4: Publication and Opposition Period
Approved trademarks are published in CNIPA’s Gazette for a 3-month opposition period. Third parties may file oppositions based on:

• Prior rights to identical/similar marks.
• Bad faith registration (e.g., squatting).

If no oppositions occur, CNIPA issues a registration certificate within 1–2 months. The trademark is valid for 10 years and renewable indefinitely.

Post-Registration Management

1. Monitor for infringements: Use CNIPA’s database or third-party services to detect unauthorized use.
2. Renewals: File renewal applications 12 months before expiration. Late renewals incur fines.
3. Recordal with Customs: Register your trademark with the General Administration of Customs to block counterfeit imports/exports.

Critical reminder: Trademarks must be used commercially within 3 years of registration. Non-use makes them vulnerable to cancellation.

Special Considerations for Foreign Businesses

• Chinese-character versions: Registering both your original mark and a Chinese translation (e.g., Coca-Cola’s 可口可乐) strengthens protection.
• E-commerce platforms: Alibaba, JD.com, and others require valid trademarks for store registration.
• Enforcement challenges: Counterfeiters often exploit jurisdictional gaps. Work with local legal counsel to initiate administrative raids or civil lawsuits.

Cost and Timeline Overview

• Official fees: ~$300 per class (excluding attorney fees).
• Average timeline: 12–18 months for smooth applications; longer if objections or oppositions arise.

While DIY filing is technically possible, most foreign businesses benefit from professional guidance to avoid costly errors like incorrect class selection or inadequate responses to CNIPA objections. Proactive registration not only safeguards your brand but also enhances credibility with Chinese partners and consumers.