What If Your Name Is Registered as a Trademark in China? Complete Guide 2025
🔑 Key Takeaways
- China follows a first-to-file system – earlier registration takes precedence over prior use
- Immediate action is crucial if you discover your name is registered
- Non-use cancellation is possible after 3 years of trademark inactivity
- Average trademark registration time in China: 7-9 months
- Total registered trademarks in China: 46.1 million (as of late 2023)
1. Immediate Action Steps
If you’ve discovered that your name is already registered as a trademark in China, time is of the essence. Here’s what you need to do right away. Under Article 33 of China’s Trademark Law (2019 Amendment), you have a three-month window to file an opposition after a trademark’s preliminary approval is published. This statutory period cannot be extended, making immediate action crucial.
Conduct a Comprehensive Trademark Search
First, verify the exact status of the trademark registration through the China National Intellectual Property Administration (CNIPA) database. This search should include:
- The exact trademark name
- Registration date
- Trademark classes and subclasses
- Current trademark holder’s information
- Any pending disputes or challenges
Document Your Prior Use
Begin collecting evidence of your brand’s use, including:
- Business registration documents
- Marketing materials
- Sales records
- International trademark registrations
- Online presence history
Required Documentation for Legal Action
To proceed with any legal action, prepare these essential documents:
- Your company’s legal name and registered address
- Certificate of Good Standing (for companies) or passport copy (for individuals); For name dispute, it usually will be a passport rather than business certiciate.
- Power of Attorney (PoA) for legal representation
2. Understanding Your Rights and Risks
The First-to-File System
China operates under a strict first-to-file system, Under the Chinese trademark practice, the person who files the trademark application first, will be more likely to have the trademark registered in China. That’s the reason why the trademark squatting issue is quite crazy in China. And the Chinese trademark filing and portfolio is huge, here are some statisitcs for your reference:
- New trademark applications in 2023: 7.2 million
- Total registered trademarks: 46.1 million
- Year-over-year change in 2024: -2.90%
Potential Risks
If someone else has registered your name as a trademark, you may face:
- Market Access Barriers: Unable to sell products/services under your name
- Legal Challenges: Risk of trademark infringement lawsuits
- Brand Identity Issues: Forced to rebrand for the Chinese market
- Financial Impact: Lost revenue opportunities and potential legal costs
Timeline Considerations
Understanding the examination timeframes is crucial for planning:
- Standard trademark registration: 3 months
- Opposition proceedings: 6 months
- Invalidation requests: 10 months
- Non-use cancellation: 6 months
- Name/address changes: 2 months
Legal Basis
According to Article 4 of China’s Trademark Law (2019 Amendment): “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 shall apply for trademark registration with the Trademark Office.”
Key legal protections include:
- Article 13: Protection for well-known trademarks
- Article 44: Right to request invalidation of malicious registrations
- Article 49: Option for non-use cancellation after three years
3. How to Check If Your Name Is Already Registered
Official Database Search
The most reliable method is searching through the CNIPA database:
- Visit the official CNIPA website
- Use both Chinese and English variations of your name
- Check all relevant trademark classes
- Review similar marks that might cause confusion
Professional Search Services
For comprehensive protection, consider working with professional IP firms like Yucheng IP Law (YCIP) that offer:
- Multi-database searches
- Similarity analysis
- Professional legal interpretation
- Risk assessment reports
- Strategic recommendations
Common Search Mistakes to Avoid
- Not checking similar marks: Look for phonetic and visual similarities
- Missing subclasses: China’s unique subclass system requires thorough checking
- Overlooking Chinese translations: Include character variations and transliterations
- Incomplete class coverage: Check all relevant goods and services classes
4. Legal Options Available
Negotiation with Current Trademark Holder
Before pursuing legal action, consider these negotiation strategies:
- Direct purchase offers
- Licensing agreements
- Coexistence agreements
- Territory-based settlements
Trademark Invalidation Procedure
When it comes to the trademark dispute related to a prior name, the most popular legal action is trademark invalidation:
- Success Rate: depending on the evidence you have
- Timeline: Average 8-12 months for completion
- Evidence Required: evidence to show that you have the prior rights
- Cost-Estimates: hourly basis and depend heavily on the evidence volume
Non-use Cancellation Procedure
If the trademark hasn’t been used for three consecutive years, you can file for cancellation:
- Success Rate: Increasingly common in China
- Timeline: Average 6 months for completion
- Evidence Required: Proof of non-use
- Cost-Effective: Generally less expensive than other legal options
Article 49 of the Trademark Law states: “Where a registered trademark has not been used for three consecutive years without justifiable reasons, any entity or individual may request the Trademark Office to cancel the registered trademark.”
Legal Challenges Through Opposition or Invalidation
Different legal pathways available:
- Opposition: File within 3 months of publication (6-month process)
- Invalidation: Challenge registered marks (10-month process)
- Bad Faith Claims: Especially effective against trademark squatters
- Prior Rights: Based on copyright or trade name rights
5. Prevention Strategies for Future Protection
Proactive Registration Strategy
Implement a comprehensive protection plan:
- Register in multiple relevant classes
- Include Chinese translations and transliterations
- File defensive registrations for similar marks
- Monitor competitor filings regularly
Legal Safeguards
The 2019 Amendment to China’s Trademark Law strengthens protection through:
- Article 4: Prohibition of bad-faith registrations without intent to use
- Article 68: Increased statutory damages (up to RMB 5 million)
- Article 19: Requirement for trademark agencies to refuse bad-faith applications
Key 2024 Registration Statistics
Recent trends show:
- Total Applications: 6,786,059
- Fastest Growing Categories:
- Cosmetics (Class 3)
- Pharmaceuticals (Class 5)
- Growth Rate in Top Categories: 10%+ increase
Documentation and Evidence Maintenance
Keep detailed records of:
- Use in commerce
- Marketing materials
- Sales documents
- Online presence
- Business relationships in China
6. Real Case Studies
Successful Resolution Examples
Case 1: Non-use Cancellation Success
- Timeline: 6 months
- Strategy: Evidence gathering of non-use
- Outcome: Trademark cancelled and available for registration
Case 2: Negotiation Victory
- Timeline: 3 months
- Strategy: Direct purchase with reasonable valuation
- Outcome: Smooth trademark transfer
Lessons Learned
Key takeaways from real cases:
- Early action is crucial
- Document everything
- Maintain professional representation
- Consider multiple legal strategies simultaneously
7. Timeline and Costs
Process Timeline Overview
Legal Timeframes
| Trademark Proceedings | Average Time (Months) |
|---|---|
| Initial Registration | 3 |
| Opposition | 6 |
| Invalidation | 10 |
| Non-use Cancellation | 6 |
| License Recordal | 2 |
Cost Considerations
Factors affecting costs:
- Filing fees
- Legal representation
- Translation services
- Evidence collection
- Potential negotiations
8. Frequently Asked Questions
Common Concerns
Q: Can I still use my name if it’s registered by someone else?
A: Generally no, not in commercial contexts within China without risking legal action.
Q: How long does trademark registration take in China?
A: The examination process takes approximately 3 months according the most recent statistics, but the entire process including examination can take 7-9 months.
Q: What evidence do I need for a non-use cancellation?
A: Market research reports, investigation results, and evidence of the trademark holder’s lack of commercial activity in China.
Conclusion and Next Steps
Take Action Now
Don’t let trademark issues in China jeopardize your business future. Early action and professional guidance are crucial for protecting your intellectual property rights.
Ready to Protect Your Brand in China?
- ✓ Free initial consultation
- ✓ Comprehensive trademark search
- ✓ Professional legal guidance
- ✓ Streamlined application process
2024 Legal Framework Updates
Recent judicial interpretations by the Supreme People’s Court have strengthened trademark protection through:
- Enhanced measures against trademark squatting
- Streamlined opposition procedures
- Increased damages for malicious infringement
- Clearer guidelines for determining bad faith
Source: Supreme People’s Court Judicial Interpretation No. 12 (2023)
Recommended External Resources
- World Intellectual Property Organization (WIPO) – China Profile
- China National Intellectual Property Administration (CNIPA)
- USPTO China IP Resources
- EU IPR SME Helpdesk – China
- International Trademark Association – China Guidelines
