Why to Register a Trademark in China
Introduction*（why to register）
China’s booming market offers immense opportunities for global brands, but protecting intellectual property (IP) is critical to long-term success. With over 40 million valid trademarks registered in China as of 20228, understanding the china trademark registration process is essential to avoid disputes and secure your brand’s future. This guide breaks down the key steps and legal nuances to register a trademark in china effectively.
1. Understanding China’s Trademark System
China operates under a “first-to-file” system, meaning trademark rights are granted to the first applicant, not necessarily the first user. Key features include:
- 45 Trademark Classes: Divided into goods (1-34) and services (35-45).
- 10-Year Validity: Renewals required every decade.
- Geographic Scope: Protection covers mainland China only (excluding Hong Kong, Macau, and Taiwan)3.
Why Register?
- Prevent trademark squatting, a common issue for foreign brands.
- Ensure legal recourse against counterfeiting or unauthorized use.
2. Step-by-Step Registration Process
(1) Conduct a Trademark Search
- Use the China National Intellectual Property Administration (CNIPA) database to check for existing conflicts.
- Example: A logo resembling a registered mark in Class 25 (clothing) may face rejection.
(2) Prepare Application Materials
- Submit in Chinese, including:
- Applicant details (individual/company).
- Trademark design (text, image, or combination).
- List of goods/services and corresponding classes35.
(3) Submit and Track Application
- File electronically via the CNIPA Online System (http://sbj.cnipa.gov.cn/wssq/)3 or through accredited agencies.
- Fees: Approximately ¥300 (~$42 USD) per class3.
(4) Examination and Publication
- Formal Review: CNIPA checks documentation completeness (1-2 months).
- Substantive Review: Assesses distinctiveness and conflicts (6-9 months).
- Publication: Approved trademarks are published for a 3-month opposition period.
(5) Handle Opposition (If Raised)
- Third parties (e.g., competitors) may challenge your application during publication.
- Respond with evidence (e.g., prior use, distinctiveness) to defend your claim.
(6) Receive Registration Certificate
- If no opposition succeeds, CNIPA issues the certificate (valid for 10 years).
3. Common Challenges and Solutions
(a) Trademark Rejection
- Causes: Lack of distinctiveness, similarity to existing marks.
- Solution: Modify the design or file a(re-examination request).
(b) Opposition from Competitors
- Example: A tech company’s logo opposed for resembling a local brand in Class .
- Strategy: Collaborate with IP attorneys to submit prior-use evidence or negotiate settlements.
(c) International Trademarks
- China recognizes the Madrid System, but direct registration via CNIPA is recommended for stronger enforcement.
4. Recent Legal Updates (2025)
- Anti-Competitive Practices: Stricter scrutiny of trademarks that may monopolize generic terms (e.g., pharmaceutical names).
- Efficiency Improvements: CNIPA reduced average examination time to 6 months in 2024.
Conclusion
Navigating china trademark registration requires meticulous preparation and awareness of local laws. By proactively addressing risks like opposition or rejection, businesses can secure their brand’s foothold in the world’s second-largest economy. To register a trademark in china efficiently, partner with experienced IP agencies and leverage CNIPA’s streamlined digital tools.
