Trademark Registration in China

Overview: why register a trademark in China?

China is at once a manufacturing base, an enormous consumer market and a key transit hub for Vietnamese businesses. Whether you outsource production there, source materials or sell into the market, a registered trademark is the tool to control your supply chain, curb counterfeits and serve as the basis for enforcement through customs and market regulators. China applies the first-to-file principle strictly: whoever files first holds the right, with little regard for prior use. This is why squatting on foreign brands is common, sometimes forcing the genuine owner to buy back its own mark. You should therefore file as early as possible, even before formally entering the market, and consider also registering a Chinese-character or pinyin version to prevent misuse.

Trademark registration cost in China

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The mark is distinctive, setting one party's goods or services apart from another's.
• It is not merely descriptive of quality, function, quantity or origin.
• It is not identical or confusingly similar to a mark already registered or filed earlier for similar goods or services.
• It does not fall under prohibitions: deceptive signs, marks against morality or public order, or state emblems.
• The right classes and subclasses are chosen so the scope of protection covers the actual goods and services.
• The applicant is an eligible entity or individual; foreign applicants file through an appointed local agent.

Clearance search before filing

A search before filing is especially important in China because the subclass system means two marks in the same Nice class may be treated as dissimilar if they sit in different subclasses. The search reviews the CNIPA database for identical or similar marks by subclass, helping map the available space, detect squatting filings and build a strategy of choosing the right subclasses to cover your core products adequately.

Procedure & timeline by stage

Required documents

• A clear specimen of the mark; consider a Chinese-character or pinyin version as well.
• The applicant's name, address and legal type, with translation if needed.
• List of goods and services with Nice classes and subclasses under China's classification.
• A power of attorney for the local agent, usually a signed copy without notarization or legalization.
• A copy of the applicant's legal document, such as a business registration or passport.
• Priority document if claiming priority from an earlier foreign application.

Validity & renewal

A Chinese trademark registration is valid for 10 years from grant and renewable for successive 10-year terms. Note that a mark can be subject to a non-use cancellation request if it is not genuinely used for three consecutive years, so the owner should put the mark into use and keep evidence such as contracts, invoices, packaging and advertising in the Chinese market. Actively maintaining use and monitoring the mark helps preserve validity and respond to non-use cancellation actions.

Common grounds for refusal & how to handle them

• Identical or similar to a prior mark in the same subclass: argue the differences, narrow the goods, or negotiate assignment or consent.
• Lack of distinctiveness or descriptiveness: add arguments and evidence of distinctiveness acquired through use.
• Squatted by an earlier third-party filing: consider opposition, or cancellation for bad faith or non-use.
• Wrong subclass choice narrowing the scope: adjust the list and file additional applications to fill the gaps.
• Breach of prohibitions on deceptive or public-order signs: amend the sign accordingly.
• Failure to respond on time: track deadlines and file a review request when refused.

Key notes for registering in China

• •China uses a subclass system within each Nice class; the right subclass choice determines the real scope of protection.
• •File early and consider protecting the Chinese-character and pinyin versions alongside the Latin-script mark.
• •Squatting risk is high, so file before broadly announcing your product in the market.
• •A mark can be cancelled for three consecutive years of non-use, so keep evidence of genuine use.
• •China can be designated through Madrid, but a direct national filing usually gives better control over subclasses.

Frequently asked questions