China Trademark Registration for Foreign Companies: Complete Guide

If you're doing business in China or planning to, protecting your trademark should be a top priority. China's "first-to-file" system means someone else could legally register your brand name before you do — and there's little you can do about it afterward.

Why China Trademark Registration Is Different

Unlike the United States and many other countries that recognize "first-to-use" rights, China operates on a strict "first-to-file" basis. This means:

• The first person to file a trademark application owns the rights — regardless of who used it first
• Your trademark registration in other countries provides no protection in China
• Even if you've been selling products in China for years, someone else can register your brand

The Registration Process

Here's how trademark registration works in China:

1. Trademark Search

Before filing, conduct a comprehensive search to check if your desired trademark is available. This includes searching for identical marks and similar marks that could cause confusion.

2. Choose Your Classes

China uses the Nice Classification system with 45 classes of goods and services. You must register in each relevant class separately. Many businesses need multiple class registrations.

3. File Your Application

Foreign applicants must file through the China National Intellectual Property Administration (CNIPA), either directly or through the Madrid Protocol if your home country is a member.

4. Examination Period

CNIPA examines your application for compliance and conflicts. This typically takes 9-12 months.

5. Publication and Opposition

Approved applications are published for 3 months, during which third parties can file oppositions.

6. Registration Certificate

If no opposition is filed (or oppositions are unsuccessful), you receive your registration certificate. The entire process typically takes 12-18 months.

Chinese Character Trademarks

If you're serious about the China market, consider registering a Chinese version of your brand name. This is important because:

• Chinese consumers often create their own Chinese names for foreign brands
• If you don't register a Chinese name, someone else might
• A good Chinese name can enhance your brand's appeal

What If Someone Already Registered Your Trademark?

If you discover your trademark has been squatted, you have several options:

• Opposition: If the mark is still in the publication period, file an opposition
• Invalidation: Challenge the registration based on bad faith or prior rights
• Negotiation: Sometimes buying the trademark is the most practical solution
• Non-use cancellation: If the squatter hasn't used the mark for 3 consecutive years, you can apply for cancellation

Costs and Timeline

Budget approximately:

• Government fees: ~$50-100 USD per class
• Attorney fees: Varies by complexity
• Timeline: 12-18 months for straightforward applications

Key Recommendations

1. File early: Don't wait until you're ready to enter the China market
2. Register broadly: Cover all relevant classes and consider defensive registrations
3. Include Chinese characters: Register both English and Chinese versions
4. Monitor your trademark: Watch for infringing applications and act quickly
5. Work with local counsel: A Chinese attorney can navigate the system efficiently