How to Register a Trademark in China (2025)

Trademark Squatting

China's first-to-file system has historically led to trademark squatting, where third parties register well-known foreign brands before the legitimate owner enters the Chinese market.

How to avoid:

• File in China as early as possible, even before entering the market
• Register both Latin character and Chinese character versions of your mark
• Consider defensive registrations in related classes
• Monitor the Chinese trademark register for potentially conflicting applications
• For well-known marks, consider filing for well-known mark status protection

Inadequate Coverage in Subclasses

Many applicants fail to understand China's subclass system, resulting in incomplete protection.

How to avoid:

• Work with experts familiar with China's subclass system
• File in all relevant subclasses, not just the main class
• Consider the specific goods and services you offer or plan to offer
• For important marks, consider broader coverage across multiple subclasses

Neglecting Chinese Character Marks

Foreign companies often register only their original mark, overlooking the importance of Chinese character versions.

How to avoid:

• Develop a Chinese character version of your mark with local branding experts
• Register both transliteration (similar sound) and translation (similar meaning) versions
• Register the Chinese version before entering the market to prevent others from claiming it
• Consider how Chinese consumers might naturally refer to your brand

Improper Documentation

Applications are often rejected due to incomplete or improperly prepared documentation.

How to avoid:

• Work with a licensed Chinese trademark agent familiar with CNIPA requirements
• Ensure all documents are properly notarized and legalized as required
• Provide accurate and complete translations of all foreign language documents
• Follow specific format requirements for mark representations

Non-Use Vulnerability

Trademarks unused for three consecutive years are vulnerable to cancellation for non-use.

How to avoid:

• Maintain evidence of genuine commercial use in China
• Document use through dated invoices, advertisements, product photos, etc.
• If not yet using the mark, develop a clear timeline for market entry
• Consider licensing the mark to Chinese partners if direct use isn't feasible

Can foreign companies file trademark applications directly with the CNIPA?

No, foreign companies without a business presence in China must file through a licensed Chinese trademark agent. This is a legal requirement, and direct filing by foreign entities is not permitted. Your agent will prepare and submit all necessary documentation and serve as the official contact for communications from the CNIPA.

Why should I register a Chinese character version of my trademark?

Chinese consumers often create Chinese names for foreign brands based on sound (transliteration), meaning (translation), or a combination of both. By proactively creating and registering your own Chinese character mark, you maintain control over your brand identity in China and prevent others from registering Chinese versions of your mark. Chinese character marks are also essential for effective marketing to Chinese consumers.

How long does trademark protection last in China?

Trademark registrations in China are valid for 10 years from the date of registration. They can be renewed indefinitely for additional 10-year periods. Renewal applications can be filed up to 12 months before the expiration date. There is also a 6-month grace period after expiration, though late renewal incurs additional fees.

What is China's subclass system and why is it important?

While China uses the international Nice Classification system with 45 classes, it further divides each class into multiple subclasses. Similar marks may coexist if they're in different subclasses, even within the same class. This means that registering in the correct class alone may not provide comprehensive protection. Strategic selection of relevant subclasses is crucial for effective trademark protection in China.

How can I protect my trademark against counterfeiting in China?

After registration, you should: 1) Record your trademark with Chinese Customs to enable them to seize counterfeit goods at the border; 2) Monitor the market for infringing products; 3) Work with local investigators and legal counsel to gather evidence of infringement; 4) Take enforcement action through administrative complaints, civil litigation, or criminal prosecution depending on the severity of the infringement; 5) Consider joining industry anti-counterfeiting coalitions.

What if someone has already registered my trademark in China?

If someone has registered your trademark in China before you, you have several options: 1) Negotiate to purchase the mark from the current owner; 2) File a non-use cancellation action if the mark has not been used for three consecutive years; 3) File an invalidation action if the registration was obtained in bad faith or violates other provisions of Chinese trademark law; 4) Develop and register an alternative mark for the Chinese market. The best approach depends on specific circumstances and should be determined with expert legal advice.