How to Apply for Trademark in China: A Comprehensive Guide (2025)
Quick Facts About Trademark Registration in China
| Key Information | Details |
|---|---|
| Annual Applications (2023) | ~9 million applications |
| Average Processing Time | 9-12 months (without complications) |
| Examination Cycle | ~8 months |
| Validity Period | 10 years (renewable) |
Source: China National Intellectual Property Administration (CNIPA)
Prerequisites & Required Documents
Who Can Apply for a Trademark in China?
According to Article 4 of China’s Trademark Law, both domestic and international entities can register trademarks in China. This includes:
- Foreign companies and individuals
- Chinese companies and individuals
- Joint ventures
- State-owned enterprises
Essential Documents Required
As per Article 22 of the Implementing Regulations of the Trademark Law, applicants must prepare the following documents:
- Basic Requirements:
- Completed trademark application form (in Chinese)
- Clear representation of the trademark (in specified format)
- Power of Attorney (if using an agent like YCIP’s trademark services)
- Additional Documents for Companies:
- Business license or certificate of incorporation
- Company registration certificate
- Legal representative’s ID（optional）
- Additional Documents for Individuals:
- Valid identification document (passport for foreigners)
- Proof of address
Document Preparation Tips
Based on our extensive experience handling over 10,000 trademark applications, we recommend:
- Translation Requirements: All documents must be submitted in Chinese. Professional translation is crucial for accuracy.
- Image Specifications: Trademark images must be clear, with specific size and format requirements as per CNIPA guidelines.
- Notarization: Some documents may require notarization and legalization, especially for foreign applicants.
Step-by-Step Application Process
1. Preliminary Trademark Search
Before filing, conduct a comprehensive trademark search through the CNIPA database to:
- Check for identical or similar existing trademarks
- Identify potential conflicts
- Assess registration chances
2. Application Preparation
Working with experienced attorneys like Peter H. LI, our trademark expert, we help you:
- Select appropriate trademark classes
- Prepare compliant documentation
- Translate all materials accurately
3. Official Filing
The application is submitted to CNIPA through:
- Electronic filing system (recommended)
- Paper-based submission (if required)
4. Application Review
CNIPA conducts a two-phase examination:
- Formal Examination: 1-2 months
- Substantive Examination: 3-4 months
Critical Considerations & Challenges
First-to-File System Implications
Under Article 31 of China’s Trademark Law, China operates on a strict first-to-file system, meaning trademark rights can merely be obtained through filing an application, while the evidence of use if not required.
This system creates several challenges:
- Trademark Squatting: Third parties may register your trademark before you do
- Market Entry Barriers: Difficulty entering the Chinese market if your mark is already registered
- Legal Complications: Expensive and time-consuming legal battles to recover rights
To mitigate these risks, our litigation support team, led by Tingfei WANG, recommends:
- Filing applications as early as possible
- Registering in multiple relevant classes
- Monitoring the market for potential infringement
Costs & Timeframes
Official Fees Structure
Based on our comprehensive cost guide, here’s what you can expect:
| Service | Timeframe | Official Fee (CNY) |
|---|---|---|
| Basic Application (per class) | 9-12 months | 300 |
| Opposition Filing | 3-6 months | 500 |
Timeline Expectations
According to Article 28 of the Trademark Law, CNIPA shall complete examination within 9 months from the date of acceptance.
Key timeline points:
- Preliminary Review: 2-3 months
- Substantive Examination: 3-4 months
- Publication Period: 3 months
- Certificate Issuance: 1-2 months
Professional Assistance
When to Use a Trademark Agent
While individuals can file directly, professional representation is recommended when:
- Filing from outside China (mandatory for foreign applicants)
- Dealing with complex trademark matters
- Facing opposition or rejection
- Requiring strategic advice for brand protection
How YCIP Can Help
With our track record of over 15 years and serving 2000+ clients, we offer:
- Comprehensive Services:
- Expert Team:
- Peter H. LI – Trademark and branding expert
- Tingfei WANG – Patent and litigation specialist
- Tony XU – Litigation expert
Conclusion
Successfully registering a trademark in China requires careful planning, thorough understanding of local regulations, and often professional guidance. With China’s first-to-file system and complex application process, early action is crucial for protecting your intellectual property rights.
Ready to Protect Your Brand in China?
Take the first step towards securing your trademark rights:
