How to File a Trademark in China: Complete Guide 2025
Quick Reference: China Trademark Registration Essentials
| Key Information | Details |
|---|---|
| Registration Timeline | 9-12 months |
| Base Government Fee | 300 RMB per class |
| Foreign Filing Growth | 13.1% increase (Jan-Oct 2024) |
| System Type | First-to-file |
| Valid Period | 10 years (renewable) |
Why You Need to Register Your Trademark in China
China’s dynamic economy presents unprecedented opportunities for international businesses. However, protecting your intellectual property rights in this market requires a strategic approach, particularly when it comes to trademark registration. At Yucheng IP Law (YCIP), we’ve helped countless businesses navigate this crucial process.
Critical Aspects of China’s Trademark System:
- First-to-File System: Unlike some other countries, China operates under a “first-to-file” system. This means the first entity to file a trademark application generally receives the rights, regardless of prior use.
- Market Protection: Without registration, your brand remains vulnerable to trademark squatters and counterfeiters.
- Legal Framework: According to Article 4 of the Trademark Law of the People’s Republic of China, any natural person, legal person, or other organization intending to acquire exclusive trademark rights must file an application for registration.
“Recent statistics show a 13.1% year-on-year increase in foreign trademark registrations in China from January to October 2024, highlighting the growing recognition of China’s importance in global IP protection.” – China Government Portal
Step-by-Step Guide to Filing a Trademark in China
1. Pre-Filing Phase
- Comprehensive Search: Conduct thorough trademark searches through the CNIPA database
- Strategy Development: Define scope of protection needed
- Documentation Preparation: Gather required documents including:
- Power of Attorney
- Certificate of Incorporation
- Trademark specimens
2. Application Process
- Filing: Submit application to CNIPA
- Examination:
- Preliminary examination (1-2 months)
- Substantive examination (6-9 months)
- Publication: 3-month opposition period
At YCIP, our experienced team, including senior trademark attorney Peter H. LI, has successfully guided numerous clients through this process, as evidenced by our track record of successful registrations.
Understanding China’s Unique Trademark System
The Subclass System
China employs a unique subclass system that differs significantly from other jurisdictions. According to Article 8 of the Implementing Regulations of the Trademark Law:
“The classification of goods and services shall be prescribed by the Trademark Office. The International Classification of Goods and Services shall serve as a reference.”
Key Features:
- 45 Main Classes: Following the Nice Classification system
- Subclasses: Each main class is further divided into subclasses
- Specificity Required: Protection is limited to specific subclasses
For example, if you register your trademark in Class 25 for “clothing,” you might still need separate registrations for different subclasses like footwear or headgear. Our team at YCIP can help you navigate these complexities – learn more about our comprehensive trademark services.
Costs and Requirements
Understanding the financial aspects of trademark registration in China is crucial for effective budget planning. Based on our extensive experience at YCIP, here’s a comprehensive breakdown:
| Fee Type | Amount (RMB) | Notes |
|---|---|---|
| Basic Filing Fee | 300 | Per class |
| Additional Subclass | Varies | Dependent on number of items |
| Professional Services | Contact for Quote | Get a Custom Quote |
Essential Requirements:
- Documentation:
- Signed Power of Attorney
- Business Registration Certificate
- Clear trademark representation
- Description of goods/services
- Legal Requirements: According to Article 7 of the Trademark Law, applications must comply with the principles of honesty and trustworthiness
Enforcement and Protection
Successfully registering your trademark is just the beginning. Effective enforcement is crucial for maintaining your rights in the Chinese market. At YCIP, our litigation experts, including Tingfei WANG and Tony XU, provide comprehensive enforcement solutions.
Available Enforcement Mechanisms:
- Administrative Actions
- Filing complaints with CNIPA
- Local AIC interventions
- Customs recordation and seizures
- Civil Litigation
- Infringement lawsuits
- Damages claims
- Preliminary injunctions
- Online Enforcement
- E-commerce platform takedowns
- Social media monitoring
- Online marketplace surveillance
Article 57 of the Trademark Law provides comprehensive protection against various forms of trademark infringement, including unauthorized use, counterfeiting, and unfair competition.
Frequently Asked Questions About China Trademark Registration
How long does trademark registration take in China?
The entire process typically takes 9-12 months, assuming no oppositions or office actions are filed. Our track record shows successful registrations often completed within this timeframe.
Can foreign companies register trademarks directly?
While possible for those who are Chinese residential, it’s highly recommended to work with a qualified Chinese trademark attorney. YCIP’s international team has assisted numerous foreign clients, as evidenced by our representative clients.
What happens if someone else registers my trademark first?
Due to China’s first-to-file system, you may need to pursue invalidation proceedings or negotiate a transfer. Our litigation support team can assist with such challenges.
Conclusion and Next Steps
Protecting your trademark in China is crucial for business success in this dynamic market. With recent statistics showing a 13.1% increase in foreign trademark registrations, the importance of proper trademark protection cannot be overstated.
Ready to Protect Your Brand in China?
YCIP offers comprehensive trademark services backed by years of experience and a proven track record of success. Take the first step today:
