How to File a Trademark in China Successfully

Why Filing a Trademark in China is Critical for Your Business

China’s First-to-File System Changes Everything

Unlike many countries that use a “first-to-use” system, China operates under a first-to-file system. This means whoever files first gets the trademark rights, regardless of who used it first. Therefore, if you’re selling products in China but haven’t filed for trademark protection, someone else could register your brand name and legally prevent you from using it.

This system has caught many international companies off guard. For instance, major brands have found themselves locked out of the Chinese market because local companies registered their trademarks first. Additionally, China’s trademark law doesn’t recognize common law trademark rights, making registration absolutely essential for protection.

The Massive Chinese Market Opportunity

China represents the world’s largest trademark filing market, accounting for 47.2% of global trademark filings according to WIPO’s IP Facts and Figures 2024. Furthermore, the country has over 46 million registered trademarks with more than 7 million new applications filed annually as of 2023.

Moreover, China’s growing middle class and digital economy create enormous opportunities for foreign brands. However, without proper trademark protection, you risk losing your brand identity to competitors or trademark squatters. The competitive landscape makes early filing not just advisable but necessary for business survival.

Legal Consequences of Delayed Filing

When you delay trademark filing in China, you expose your business to several serious risks. First, competitors can file similar marks that confuse consumers and dilute your brand value. Second, trademark squatters might register your exact brand name, then demand payment for you to use it.

According to recent data, CNIPA rejected 482,000 malicious applications in 2021 and 249,000 in the first half of 2023. While this shows authorities are cracking down on bad faith filings, it also highlights how common the practice remains. Therefore, proactive filing protects you from these predatory tactics.

Complete Step-by-Step Filing Process

Step 1: Conduct a Comprehensive Trademark Search

Before filing your trademark application, you must conduct a thorough search using the CNIPA database. The official search portal at wcjs.sbj.cnipa.gov.cn/home provides access to over 46 million registered trademarks. Additionally, the database updates daily and covers registrations from 1980 to present.

A proper search involves more than just checking exact matches. You need to search for similar marks, phonetic equivalents, and translations of your brand name. Furthermore, consider conducting searches in both English and Chinese characters, as many international brands use both versions in China.

Professional trademark agents often use advanced search strategies that go beyond basic database queries. They analyze trademark classes, examine pending applications, and assess the distinctiveness of your mark. This comprehensive approach significantly reduces the risk of rejection during the examination process.

Step 2: Prepare Required Documents

Document preparation requires careful attention to detail and compliance with Chinese legal requirements. The essential documents include:

• Application Form for Trademark Registration – Must be completed accurately and signed by the applicant
• Trademark Drawing – Clear representation of your mark following CNIPA guidelines
• Proof of Identity – Passport copy for individuals or business registration for companies
• Power of Attorney – Required for foreign applicants without business presence in China

Under Article 18 of China’s Trademark Law, foreign applicants without a business domicile in China must use a qualified trademark agent. This requirement ensures compliance with local regulations and procedures. Additionally, all documents must be properly translated into Chinese by certified translators.

The trademark drawing deserves special attention because it defines the scope of your protection. The drawing must clearly show your mark’s visual elements, and any changes later will require a new application. Therefore, work with experienced professionals to ensure your drawing meets all technical requirements.

Step 3: Choose the Right Trademark Classes

China follows the Nice Classification system with additional subclasses for greater specificity. Selecting the correct classes is crucial because trademark protection only extends to the registered classes. Moreover, filing in too few classes leaves gaps in your protection, while filing in too many increases costs unnecessarily.

Consider your current business activities and future expansion plans when choosing classes. For example, if you sell physical products but plan to launch digital services, you might need protection in multiple classes. Additionally, some classes are more crowded than others, affecting your chances of successful registration.

Many successful companies file in related classes to create a protective barrier around their core business. This strategy, known as “defensive filing,” helps prevent competitors from registering similar marks in adjacent categories. However, be aware that unused trademark registrations can be canceled after three years of non-use.

Step 4: Submit Your Application

Applications can be submitted online through the CNIPA website or through a qualified trademark agent. The online system provides a streamlined process with immediate confirmation of receipt. However, foreign applicants must use an agent due to legal requirements.

Once submitted, CNIPA conducts a formal examination within approximately 3 months to check compliance with basic requirements. This includes verifying that all documents are complete and fees are paid. Subsequently, the substantive examination begins, which takes about 9 months according to Article 28 of the Trademark Law.

During the examination period, CNIPA may issue office actions requesting additional information or clarification. Responding promptly and thoroughly to these requests is essential for maintaining your application’s momentum. Additionally, working with experienced agents helps ensure proper responses that address examiners’ concerns.

Costs Breakdown: What You’ll Actually Pay

Official Government Fees

The Chinese government charges official fees for trademark registration that vary based on the number of classes and application type. For a single-class application, the basic official fee is RMB 800 according to the current CNIPA fee schedule. This fee covers the examination and registration process for one trademark class.

If you’re filing for multiple classes, each additional class costs another RMB 800. Therefore, a three-class application would cost RMB 2,400 in official fees alone. Additionally, certain services like expedited examination or priority filing may incur additional charges.

These fees are paid directly to CNIPA and are non-refundable, even if your application is rejected. Consequently, conducting thorough preparation and search work before filing helps avoid unnecessary losses. Furthermore, renewal fees of RMB 500 per class apply every 10 years to maintain your trademark protection.

Professional Agent Fees

Since foreign companies must use trademark agents, understanding professional fees is essential for budgeting. Agent fees typically range from RMB 2,000 to RMB 5,000 per class, depending on the service provider and complexity of your case. These fees cover search services, application preparation, and representation during the examination process.

Premium agents may charge higher fees but often provide more comprehensive services. For instance, they might include ongoing monitoring for conflicting applications, detailed analysis of rejection risks, and strategic advice on trademark portfolio management. Additionally, experienced agents have higher success rates, potentially saving money in the long run.

At Yucheng IP Law’s trademark services, we provide transparent pricing and comprehensive support throughout the registration process. Our fees include initial consultation, trademark search, application preparation, and representation during examination and opposition proceedings.

Additional Costs to Consider

Beyond basic registration fees, several additional costs may apply depending on your specific situation. Document translation fees typically range from RMB 200 to RMB 500 per page for certified translations. Moreover, if you need to file appeals or respond to oppositions, additional legal fees will apply.

International businesses should also consider the costs of maintaining trademark protection. This includes renewal fees every 10 years, monitoring services to detect infringement, and enforcement actions when necessary. Additionally, if you’re filing through the Madrid Protocol, WIPO charges additional fees for international registration.

Many companies find that investing in comprehensive trademark protection upfront costs less than dealing with infringement or opposition issues later. Therefore, consider trademark registration as an investment in your brand’s long-term success in China. You can get a quote for your trademark application to understand the total costs for your specific situation.

Common Rejection Reasons & How to Avoid Them

Similarity to Existing Trademarks

The most common reason for trademark rejection in China is similarity to existing registered or pending trademarks. Article 30 of the Trademark Law states that applications will be rejected if they conflict with prior rights. This includes not only identical marks but also marks that are confusingly similar in appearance, sound, or meaning.

CNIPA examiners consider multiple factors when assessing similarity, including visual appearance, phonetic similarity, and conceptual meaning. For instance, marks that look different but sound similar when pronounced in Chinese may still be rejected. Additionally, translations of foreign brand names into Chinese characters can create unexpected conflicts.

To avoid similarity rejections, conduct comprehensive searches before filing. Professional agents use advanced search techniques that go beyond basic database queries. They examine pending applications, consider phonetic equivalents, and analyze marks in related classes. Furthermore, they can provide strategic advice on modifying your mark to avoid conflicts while maintaining brand recognition.

Lack of Distinctiveness

Another major rejection reason is lack of distinctiveness under Article 11 of the Trademark Law. This article specifies that generic names, direct indications of quality, and marks lacking distinctiveness cannot be registered. However, marks can overcome this objection if they’ve acquired distinctiveness through use.

Common distinctiveness issues include descriptive terms, geographic names, and common praise words. For example, a mark like “BEST QUALITY” would likely be rejected for describing the goods rather than distinguishing them. Similarly, marks consisting only of common geometric shapes or simple color combinations often face distinctiveness challenges.

To strengthen distinctiveness, consider adding unique elements to your mark or demonstrating acquired distinctiveness through evidence of use. Market research, advertising materials, and sales data can help prove that consumers recognize your mark as identifying your specific goods or services. Additionally, consulting with experienced agents helps identify potential distinctiveness issues early in the process.

Cultural and Legal Sensitivities

Article 10 of the Trademark Law prohibits marks that are culturally insensitive or legally problematic. This includes marks that are identical to national emblems, state names, or names of international organizations. Additionally, marks that are deceptive or may cause negative social impacts are prohibited.

Cultural sensitivity is particularly important in China, where certain words, numbers, or symbols may have negative connotations. For example, the number “4” is considered unlucky because it sounds like the word for “death” in Chinese. Similarly, certain colors or symbols may have political or cultural significance that affects registrability.

Before filing, research the cultural implications of your mark in Chinese context. Consider both the direct translation and any unintended meanings that might arise. Furthermore, working with local agents who understand Chinese culture and legal requirements helps avoid these sensitive issues. Our team at Yucheng IP Law includes experts in Chinese trademark law who can guide you through these cultural considerations.

Proactive Strategies for Success

The best way to avoid rejection is through proactive preparation and professional guidance. Start by conducting thorough searches using multiple search strategies and databases. Additionally, consider filing defensive applications in related classes to create a protective barrier around your core business.

Timing is also crucial in China’s first-to-file system. File your application as early as possible, even if you’re still planning your market entry. Moreover, consider filing intent-to-use applications to secure your rights while developing your business strategy.

Professional guidance significantly improves your chances of success. Experienced agents understand CNIPA’s examination practices and can anticipate potential issues. They can also provide strategic advice on mark selection, class selection, and portfolio management. For comprehensive guidance, explore our China trademark registration guide for foreign companies.

Foreign Company Requirements: Navigating Legal Obligations

Mandatory Agent Requirements Under Chinese Law

Foreign companies face unique legal requirements when filing trademarks in China, distinct from those for domestic applicants. Article 18 of China’s Trademark Law mandates that foreign applicants without a business domicile or habitual residence in China must engage a qualified trademark agent to handle their applications. At Yucheng IP Law, our experienced team ensures compliance with these regulations, streamlining the process for our clients.

This mandatory agent requirement serves several purposes. It ensures foreign applicants understand local procedures and adhere to Chinese trademark regulations. It also provides the China National Intellectual Property Administration (CNIPA) with a reliable point of contact during the examination process. Qualified agents, bound by the China Trade Mark Association’s ethical standards and professional liability insurance, are essential for navigating this complex system.

Filing without proper representation can lead to severe consequences, such as outright rejection of applications. Procedural errors or missed deadlines due to improper representation are often irreversible, potentially resulting in the loss of trademark rights. Learn more about our comprehensive trademark services to avoid these pitfalls.

Essential Documentation for Foreign Applicants

Foreign companies must submit specific documentation, differing from domestic requirements. Key documents include a Certificate of Incorporation or equivalent business registration from your home country, notarized and legalized. A Power of Attorney authorizing a Chinese trademark agent, such as our team at Peter H. LI, an expert in trademark and IP matters, is also required.

All foreign documents must be translated into Chinese by certified translators and notarized. Translation accuracy is critical, as discrepancies can cause delays or rejections. Some documents may require apostille certification, depending on your country’s treaties with China. Individual applicants need passport copies and proof of habitual residence if claiming priority. Document preparation typically takes 2-3 weeks, so plan accordingly. Explore our consultation and litigation support services for expert document preparation assistance.

Madrid Protocol vs. Direct Filing: Strategic Considerations

Foreign companies can choose between direct filing with CNIPA or international filing via the Madrid Protocol. Each pathway has distinct advantages, as outlined in our guide on Madrid Protocol considerations.

Direct filing through CNIPA is ideal for China-focused strategies, offering a 12-18 month timeline and direct communication with examiners through agents like our core professional team. It allows strategic class selection and stronger protection under Chinese law. Madrid Protocol filing suits multi-country strategies, enabling a single application to designate China and other member countries via the World Intellectual Property Organization (WIPO). However, it depends on your home country registration, limiting flexibility if the base application is canceled.

Cost-wise, Madrid Protocol applications incur WIPO fees (approximately 653 Swiss Francs basic fee plus 100 Swiss Francs per class), plus China’s designation fees. Direct filing avoids these but requires separate applications per country. For tailored advice, contact us or request a personalized trademark quote.

After Registration: Maintaining and Protecting Your Rights

Renewal Requirements and Procedures

Chinese trademark registrations are valid for 10 years from the registration date, not the filing date, due to the 12-18 month examination process. Renewals must be filed within the final year, with a 6-month grace period. Renewal fees are RMB 500 per class (RMB 750 during the grace period), as detailed in our 2025 renewal cost guide. Renewals are administrative and rarely face substantive examination.

Renewal applications must specify the goods and services to be continued, without expanding the scope. Our licensing and transaction services ensure timely renewals, starting 18 months before expiration to avoid issues.

Enforcement Strategies and Legal Remedies

Trademark registration is just the beginning. Effective enforcement requires vigilance, as outlined in our guide to resolving trademark disputes. Chinese law offers administrative enforcement through the Administration for Industry and Commerce (AIC), which is cost-effective and resolves clear-cut cases in 2-3 months. Civil litigation, handled by courts like the Beijing IP Court, offers damages and injunctive relief. Our litigation experts, Tony Xu and Tingfei Wang, specialize in navigating these proceedings.

For online infringement, platforms like Tmall and JD.com remove infringing listings within 24-48 hours upon valid complaints, requiring proper registration certificates. Learn more about China’s infringement penalties.

Monitoring and Detection Services

Proactive monitoring is critical in China’s vast market. Our trademark services include database monitoring to track conflicting applications and market monitoring to detect infringing products on platforms and in physical stores. Costs range from RMB 10,000 to RMB 30,000 annually, a small investment compared to the cost of undetected infringement. Early detection enables oppositions during the 3-month period, as detailed in our rejection solutions guide.

Current Market Statistics and Trends

China’s Dominance in Global Trademark Filings

China leads global trademark filings, accounting for 47.2% of applications with over 7 million new applications annually and 46 million active registrations as of 2023. Foreign companies filed 200,000 applications in 2023, a 12% increase from 2022, reflecting confidence in China’s IP system. Our 2024 trends analysis provides deeper insights.

Emerging Trends and Market Developments

The digital economy drives a 30% annual increase in e-commerce and fintech trademark filings. CNIPA’s crackdown on bad faith filings rejected 482,000 malicious applications in 2021 and 249,000 in 2023 H1. Examination times have improved to 12-15 months, with fast-track options available. China’s international cooperation via the Madrid Protocol saw 80,000 Chinese international filings in 2023. See our 2025 process guide for details.

Industry-Specific Trends

Technology and telecommunications lead filing volumes, followed by fashion and luxury goods combating counterfeiting. Pharmaceuticals and traditional Chinese medicine focus on multi-jurisdictional filings, while automotive and renewable energy sectors see growth due to China’s electric vehicle and clean energy markets. Our IP protection guide covers these trends.

Conclusion: Securing Your Brand’s Future in China

The Strategic Imperative of Trademark Protection

China’s first-to-file system and vast market make trademark registration essential. With 46 million registered trademarks and 7 million annual applications, proactive protection is critical. Delaying can lead to costly disputes or loss of rights. Our guide on why a trademark lawyer is essential explains the risks.

Your Next Steps to Trademark Success

Start with a comprehensive trademark search using our search tool guide. Plan your filing strategy based on current and future business needs. Work with our trademark expert Peter H. LI to prepare accurate documentation. File early to leverage the first-to-file system, whether through direct filing or the Madrid Protocol.

Partner with Experienced Professionals

At Yucheng IP Law, we combine legal expertise with business acumen to help foreign companies succeed. With over a decade of experience, we’ve filed thousands of trademarks and patents for clients, as highlighted in our track record. Our services include searches, filing, enforcement, and portfolio management, as detailed on our services page.

Our representative clients and testimonials showcase our success. Explore our FAQ and why choose us to understand our value. Ready to protect your brand? Get your personalized trademark quote or contact us to secure your brand’s future in China.