Understanding the China Trademark Registration Process: A Step-by-Step Guide

Did you know that in China, the first person to register a trademark owns it, even if someone else used it first? This is because China follows a first-to-file system, unlike many Western countries that prioritize first use. With over 6.7 million trademark applications filed in 2024 alone (Yucheng IP Law, 2024), protecting your brand in China is more critical than ever. Whether you’re a small business or a global corporation, understanding the China trademark registration process is essential to safeguarding your intellectual property (IP) in one of the world’s largest markets.

China’s trademark system is governed by the Trademark Law of the People’s Republic of China, last amended in 2019, which aims to protect exclusive rights, promote fair competition, and safeguard consumers. For foreign businesses, navigating this process can be daunting, but it’s a vital step to avoid risks like trademark squatting—where others register your brand name before you do. At Yucheng IP Law, our expert team, including Peter H. Li, specializes in all IP-related matters to guide you seamlessly.

In this guide, we’ll break down each step of the China trademark registration process, from eligibility checks to maintenance, with up-to-date statistics and practical tips. Let’s dive in!

Why Register a Trademark in China?

The First-to-File System Explained

China’s first-to-file system, as defined under Article 9 of the Trademark Law, means that the first entity to register a trademark gains exclusive rights, regardless of prior use elsewhere:

Article 9: “A trademark applied for registration shall be distinctive and easy to identify, and shall not conflict with the legitimate rights obtained earlier by others.”

This contrasts sharply with common-law systems like the U.S., where unregistered marks can be protected based on use. In China, without registration, your brand is defenseless against legal claims by others.

The Scale and Risks of China’s Market

The sheer volume of trademark activity in China highlights the stakes. In 2024, approximately 6.7 million trademark applications were filed, with 3.1% from foreign applicants (Yucheng IP Law, 2024). This competitive landscape, coupled with the risk of trademark squatting, makes registration a priority. Unscrupulous parties may register your brand first, forcing costly legal battles or rebranding—issues our litigation support services can help you tackle.

Legal and Business Benefits

Registering your trademark aligns with the goals of the Trademark Law, as outlined in Article 1:

Article 1: “This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and promoting fair competition.”

Beyond legal protection, registration builds consumer trust and strengthens your market position. Learn more about why businesses choose us at Why Choose Us and explore our track record of success in trademark filings.

The China Trademark Registration Process at a Glance

Overview of Steps and Timelines

Before diving into the details, here’s a concise overview of the process, including steps, estimated times, and costs:

Note: Times and costs are approximate and may vary. For a detailed cost breakdown, see our cost guide.

Why This Matters for Your Business

This table provides a roadmap to plan your trademark journey. Each step builds on the last, ensuring your brand is fully protected under China’s IP framework. Our core professional team has filed thousands of trademarks, as highlighted in our track records.

Step 1: Checking Eligibility and Representation

Who Is Eligible to Apply?

Per Article 4 of the Trademark Law, eligibility is broad:

Article 4: “Any natural person, legal person, or other organization that needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations may apply.”

This inclusivity means individuals, companies, and non-profits can all seek protection, making it accessible for businesses of all sizes.

Foreign Applicants and Agents

Foreign applicants without a Chinese business presence must appoint a registered trademark agent, as mandated by Article 18:

Article 18: “Foreigners or foreign enterprises shall entrust a legally established trademark agency to handle trademark registration.”

Our trademark services at Yucheng IP Law ensure compliance and efficiency. Contact Peter H. Li for expert assistance.

Practical Tips for Eligibility

Confirm your entity type and residency status early. Using an agent not only meets legal requirements but also streamlines communication with the China National Intellectual Property Administration (CNIPA). Check our FAQ for more insights.

Stay tuned for the next steps, including trademark searches and application preparation, in the following sections.

Step 2: Conducting a Trademark Search

Why a Trademark Search Matters

Before you dive into the China trademark registration process, conducting a trademark search is a smart move. Why? It helps you avoid conflicts with existing trademarks, saving you time and money. With about 6.7 million trademark applications filed in 2024 (Yucheng IP Law, 2024), the risk of overlap is high. A thorough search ensures your brand stands out and complies with China’s laws.

How to Perform a Search

You can check the CNIPA database yourself for free, looking for identical or similar marks in your product or service category. However, it’s tricky to spot all risks without expertise. That’s why many turn to pros like us at Yucheng IP Law. Our complete guide to China trademark searches explains it in detail. The Trademark Law backs this step under Article 31:

Article 31: “An application for trademark registration shall not infringe upon the prior rights of others, nor shall it be a means to register a trademark that has been used by others and has acquired certain influence.”

Benefits of a Professional Search

A professional search by our team, led by Peter H. Li, goes beyond the basics. We check related classes and similar-sounding names, reducing the chance of rejection later. This step is optional but highly recommended—think of it like checking the weather before a trip. Want to know more? See our client testimonials for success stories.

Step 3: Preparing Your Trademark Application

Gathering the Right Documents

Preparing your application is like packing for a big trip—you need the right stuff! For the China trademark registration process, you’ll need your trademark design (like a logo or word), a list of goods or services, and your details (name, address). The Trademark Law spells this out in Article 20:

Article 20: “An application for trademark registration shall include the applicant’s name, address, trademark representation, and a list of goods or services.”

Our comprehensive guide walks you through this step-by-step.

Understanding the Nice Classification

China uses the Nice Classification system, which splits goods and services into 45 categories, or “classes.” For example, shoes go in Class 25, and software fits in Class 9. You’ll pick the classes that match your business. Picking the wrong one can lead to rejection, so it’s worth getting help from experts like our core professional team. Fees are CNY 270 online or CNY 300 paper per class, plus CNY 2,000-3,000 for agent services (Yucheng IP Law, 2025).

Tips for a Smooth Preparation

Double-check your trademark for uniqueness—simple or common designs might get refused. Translate your details into Chinese if needed, especially for foreign applicants. At Yucheng IP Law, we’ve filed thousands of trademarks—see our track records. Need a quote? Submit a form today!

Step 4: Filing Your Application

How to Submit Your Application

Filing is when your China trademark registration process officially starts. You can submit online through the CNIPA website or use a registered agent—mandatory for foreigners without a local presence (Article 18). The filing date sets your priority, which is huge in a first-to-file system. Article 21 of the Trademark Law confirms this:

Article 21: “The date of filing of an application for trademark registration shall be the date on which the Trademark Office receives the application documents.”

Our filing guide makes this easy to follow.

Priority Under International Treaties

If you’ve filed elsewhere, the Paris Convention gives you six months to claim priority in China based on your original filing date. This is a big perk for international businesses. Our licensing services can align your global strategy. In 2024, 3.1% of applications were from foreigners, showing steady overseas interest (Yucheng IP Law, 2024).

What Happens After Filing?

Once filed, CNIPA assigns a number and starts processing. You’ll pay CNY 270-300 per class, with extra agent fees if applicable. Mistakes here can delay things, so precision matters. Trust our Tony Xu for litigation support if issues arise later. Curious about next steps? Keep reading!

Step 5: Navigating the Examination Process

What Happens During Examination?

After filing, the China trademark registration process moves to examination by the China National Intellectual Property Administration (CNIPA). First, they check if your application meets basic rules—like correct forms and fees (a “formal examination”). Then, they dig deeper into whether your trademark is unique and doesn’t clash with others (a “substantive examination”). This step is guided by Articles 27 and 28 of the Trademark Law:

Article 27: “The Trademark Office shall complete the examination of a trademark application within the prescribed time limit.”

Article 28: “Where a trademark application is identical or similar to a prior registered trademark for the same or similar goods, it shall be refused.”

Our CNIPA guide explains this in simple terms.

How Long Does It Take?

The examination usually takes 6 to 12 months, though recent efforts have shrunk it to 6-9 months in some cases. In 2024, CNIPA focused on quality, with registrations dropping 29% from 2023 due to stricter checks (NatLawReview, 2023). Delays can happen if CNIPA asks for fixes or rejects your mark. Our consultation services can help you avoid these hiccups.

Common Rejection Reasons

Your trademark might get refused if it’s too simple (like “Apple” for fruit), too similar to another mark, or against public rules. Our rejection guide lists solutions. If rejected, you can appeal—our expert Tingfei Wang specializes in patent and litigation support to fight for your rights.

Step 6: Publication and Handling Oppositions

The Publication Phase

Once approved, your trademark enters the publication stage in the Trademark Journal for three months. This lets others see and challenge it, as per Article 34:

Article 34: “Any person may file an opposition within three months from the date of publication.”

This step ensures fairness but can slow things down. In the first half of 2024, 10,406 opposition applications were filed, up 12.3% from the previous year (Lexology, 2024). Our trademark services keep you prepared.

Dealing with Oppositions

If someone opposes your mark—say, claiming it’s too close to theirs—you must respond within deadlines with evidence. This can stretch the process by 9-12 months. Out of 10,406 oppositions in H1 2024, only 7,554 decisions were made, down 39.1%, hinting at backlogs (Lexology, 2024). Our Tony Xu excels in litigation to defend your application.

Tips to Handle Challenges

Stay calm and gather proof of your brand’s uniqueness or prior use (if applicable). Working with Yucheng IP Law ensures a strong response. Curious about appeals? Check our appeals timeline guide.

Step 7: Achieving Registration

Getting Your Certificate

If no oppositions arise—or you win them—congrats! CNIPA issues your trademark certificate, valid for 10 years. This is the finish line of the China trademark registration process, governed by Articles 37 and 38:

Article 37: “Where no opposition is filed or the opposition is not upheld, the trademark shall be registered.”

Article 38: “The term of validity of a registered trademark shall be ten years.”

It takes 1-2 months post-opposition to get this. See our registration guide for more.

What Registration Means for You

Registration gives you exclusive rights in China, protecting your brand from copycats. It’s a big win, especially with 6.7 million applications in 2024 showing the crowded field (Yucheng IP Law, 2024). Our representative clients trust us for this milestone.

Next Steps After Registration

Your job isn’t over—keep your trademark active by using it and planning for renewal. We’ll cover that next. Want to celebrate with expert help? Contact us at Yucheng IP Law or explore our track record of successful filings.