China AI Innovation & Trademark Protection

1. Introduction: Innovation and Protection Opportunities in the AI Era

Artificial intelligence is driving a global wave of innovation at an unprecedented pace, completely transforming production methods and business models across industries. From self-driving cars to AI-powered medical diagnostics, from smart customer service to industrial robots, AI technology has fully moved from the conceptual stage to commercial application.

China plays a key role in this global AI competition. In September 2025, China’s State Council issued the “Opinions on Deepening the ‘Artificial Intelligence+’ Action”, which clearly proposes to deeply integrate AI technology with all industries and promote high-quality economic and social development.

2. AI and Innovation: Coexistence of Opportunities and Challenges

2.1 AI Technology Reshaping Global Industry Patterns

Artificial intelligence technology is profoundly changing the global industrial landscape. In healthcare, AI algorithms can assist doctors in disease diagnosis and treatment planning, improving diagnostic accuracy and efficiency; in the financial industry, AI enables real-time fraud detection, automated trading, and personalized financial services.

2.2 New Challenges in Protecting AI-Generated Outputs

With the popularization of AI technology, protecting AI-generated content (AIGC) faces unprecedented challenges. The foremost is the issue of copyright ownership—whether content generated by AI is protected by copyright law?

2.3 Risks of Not Securing Trademark Protection in China

For foreign AI companies, failing to obtain trademark protection in China in a timely manner may face multiple risks. The most prominent is the issue of trademark squatting. Due to China’s “first-to-file” principle (where trademark rights are granted to the first applicant rather than the first user), malicious squatting frequently occurs.

3. Trademark Protection: Key Legal Tool for AI Innovation

3.1 Differences and Synergies Between Patents, Copyrights, and Trademarks

When protecting AI innovation achievements, companies need to understand the differences and synergistic effects of different intellectual property tools.

3.2 Special Value of Trademarks for AI Products and Services

Trademarks have special value for AI products and services. First, AI technology often has a “black box” characteristic, making it difficult for users to understand the internal working mechanism, thus increasing the need to rely on trademarks as symbols of quality trust.

4. Trademark Protection System for AI Companies in China

4.1 Latest Support Policies in China’s Trademark System

China is continuously improving its trademark protection system, providing more convenient and efficient registration channels for AI companies. In July 2025, the newly revised “Measures for Fast-Track Examination of Trademark Registration Applications” was officially implemented.

4.2 Classification Guidelines Relevant to AI Companies

When applying for trademark registration, AI companies must accurately select the appropriate categories of goods and services. Both the internationally adopted Nice Classification and China-specific similar group classification systems need to be comprehensively considered. The following are the core categories that AI enterprises should focus on:

• Class 9: Includes computer software, artificial intelligence software, downloadable mobile applications, smart robots, etc.
• Class 35: Covers business management and organization consulting, data analysis, and market research services.
• Class 42: Includes scientific research and technical services, computer programming, software as a service (SaaS), etc.
• Class 38: Communication services category, applicable to AI companies providing online data transmission and cloud computing services.

4.3 Risks Faced by Foreign Companies and Response Strategies

Foreign AI companies face various trademark risks in China and need to adopt corresponding response strategies. Trademark squatting is the most common risk, with countermeasures including monitoring trademark announcements, timely raising objections, and submitting invalidation or cancellation applications.

5. Urgency of Trademark Registration for Foreign Companies in China

5.1 “First-to-File” Principle and Squatting Risks

China’s trademark system adopts the “first-to-file” principle, meaning trademark rights are granted to the first applicant, not the first user. This principle makes trademark squatting a major risk for foreign companies entering the Chinese market.

5.2 Threshold Limitations of Fast-Track Channels

Although China provides a fast-track examination channel for trademark registration, this channel primarily targets domestic enterprises that meet specific conditions such as national strategic emerging industries.

6. Practical Guide to Trademark Registration for AI Innovation in China

6.1 Step-by-Step Registration Process

Foreign AI companies need to follow a systematic process to register trademarks in China:

1. Trademark Search and Risk Assessment: Before submitting an application, a comprehensive trademark search must be conducted.
2. Preparation of Application Materials: When preparing application materials, provide clear trademark samples.
3. Application Submission and Formality Examination: After submitting the application to the China National Intellectual Property Administration (CNIPA).
4. Substantive Examination and Publication: After passing the formality examination.
5. Registration Approval and Certificate Issuance: If no opposition is raised or the opposition is unsuccessful.

6.2 Tips for Selecting Strong Trademarks in the AI Industry

Choosing a strong trademark is crucial for AI companies. Here are some key techniques:

Create Highly Distinctive Trademarks: Avoid using overly descriptive terms (such as “Intelligent Analysis” or “AI Prediction”), as these may be deemed lacking distinctiveness.

6.3 Common Mistakes and How to Avoid Them

Many foreign AI companies make similar mistakes during the trademark registration process:

Error 1: Overly Narrow Classification Selection
Only registering categories related to current products, neglecting related fields and future development directions. Countermeasure: Conduct a comprehensive category analysis.

7. Beyond Trademarks: Comprehensive Protection System for AI Innovation

7.1 Synergistic Protection of Trademarks with Patents, Copyrights, and Design Rights

The protection of AI innovation achievements requires the collaborative use of various intellectual property tools to form a comprehensive protection network.

7.2 Dual Protection Strategy for AI Algorithms and Brand Identity

The protection of AI algorithms requires special strategies. Algorithms themselves are usually protected through patents or trade secrets.

8. Immediate Action: Strategic Opportunities for Foreign Companies

8.1 Speed and Scale of China’s AI Development Under the “AI+” Policy

China is fully advancing the “Artificial Intelligence+” action, providing strong policy momentum for the development of the AI industry.

8.2 Competitive Advantages of Early Registration

In the Chinese market, early trademark registration can bring significant competitive advantages. First, the first-mover advantage can help companies establish brand awareness.

9. Professional Services: Helping Global Innovators Win Together

9.1 Professional Trademark Search and Registration Services

For foreign AI companies, professional intellectual property services can provide comprehensive support to help companies smoothly register and protect trademarks in China.

9.2 Legal Support for Infringement and Squatting Cases

In the face of trademark infringement and squatting issues, professional legal support is crucial.

10. Conclusion and Action Recommendations

Artificial intelligence is reshaping the global innovation landscape, and China is playing an increasingly important role in this process. The State Council’s issuance of the “Opinions on Deepening the ‘Artificial Intelligence+’ Action” provides policy guidance and support for the development of the AI industry.

Trademark protection, as an important part of the AI innovation protection system, requires companies to attach great importance to it and plan in advance. China’s adoption of the “first-to-file” trademark principle makes early registration particularly important.