China Trademark Registration 2026: The Definitive Guide for Foreign Businesses
Registering a trademark in China in 2026 is no longer a procedural formality. For foreign businesses, it is a risk-management decision under one of the world’s strictest first-to-file trademark systems. China does not recognize prior use in the same way as the US or EU. In most cases, the party that files first owns the trademark, regardless of who used it earlier overseas. This guide explains how China trademark registration actually works in practice, what has changed in recent years, and how foreign applicants can avoid the most common and costly mistakes.
What’s New in China Trademark Registration for 2026?
- CNIPA continues to apply a strict first-to-file principle, with limited tolerance for unproven prior use.
- Bad-faith filings linked to suppliers and manufacturers remain one of the most common disputes involving foreign brands.
- Sub-class based examination has become more rigid, especially in crowded classes such as 9, 25, 35, and 42.
- Examiners increasingly focus on distinctiveness at the filing stage, not during opposition.
Why is it necessary to register a Chinese trademark in a timely manner?
Legal system, market risks, and real cases
With China’s market opening further—highlighted by Hainan’s zero-tariff policy—the risk of trademark squatting has surged. Under the “first-to-file” system, delay often leads to brands being hijacked by partners or suppliers. Timely registration is no longer optional; it is the mandatory “safety permit” for any business entering China.
As the world’s second-largest economy and its premier manufacturing hub—especially with Hainan’s move toward a zero-tariff, fully “closed-customs” free trade port—China is now a market no global business can ignore. However, this massive commercial scale brings a heightened risk of trademark infringement and “bad-faith” registrations compared to most other regions.
For international companies, securing a Chinese trademark is no longer a strategic choice; it is the fundamental “safety permit” for market entry. Under China’s “first-to-file” system, ownership is generally granted to whoever applies first, regardless of the brand’s history or registrations elsewhere.
Recent data from CTMAA highlights a growing crisis: many foreign brands only realize they are in trouble when they attempt to enter China, only to find their own names already registered by local partners, suppliers, or professional squatters.
Real Cases: Foreign Brands Preemptively Registered by Chinese Suppliers
The following cases are all real cases handled by CTMAA, with client names and brand details partially anonymized.
Case 1: Russian Client – Brand “M****LT” Registered by a Hardware Supplier
The client is a sole proprietor whose products have been sold steadily in Russia for many years but had never registered a trademark in China.
The discovery: When preparing to expand the supply chain, the client discovered that its main Chinese supplier had filed an identical trademark in China three months earlier.
Current status: The client is now preparing to file an opposition during the publication period.
The client is a sole proprietor whose products have been sold steadily in Russia for many years but had never registered a trademark in China.
The discovery: When preparing to expand the supply chain, the client discovered that its main Chinese supplier had filed an identical trademark in China three months earlier.
Current status: The client is now preparing to file an opposition during the publication period.
Case 2: U.S. Client – Brand “A T*NG” Registered Without the Client’s Knowledge
Background: The client had successfully registered the trademark in United States two years earlier.
The discovery: However, when deciding to file in China this year, they discovered that a Chinese supplier had completed the China trademark filing three months in advance.
Background: The client had successfully registered the trademark in United States two years earlier.
The discovery: However, when deciding to file in China this year, they discovered that a Chinese supplier had completed the China trademark filing three months in advance.
Case 3: Australian Client – Brand “OLS**ON” Registered by a Chinese Trading Company
The client is a long-established Australian salt company.
The discovery: While planning its China market entry, it discovered that a Chinese trading company had already registered its brand.
Advised strategy: After consultation, CTMAA advised pursuing a non-use cancellation action after three consecutive years of non-use.
The client is a long-established Australian salt company.
The discovery: While planning its China market entry, it discovered that a Chinese trading company had already registered its brand.
Advised strategy: After consultation, CTMAA advised pursuing a non-use cancellation action after three consecutive years of non-use.
Common Characteristics Across These Cases
- The brand had not yet entered the China market
- Products were manufactured by Chinese suppliers
- The foreign party failed to file a China trademark in time
- The supply chain had prior knowledge of the brand, creating motivation for bad-faith filing
These cases reflect common patterns rather than isolated incidents.
Can Foreign Companies File a Trademark in China by Themselves?
The answer is no. Legal Requirement Under Chinese Trademark Law
According to Article 18 of the PRC Trademark Law:
“Foreign individuals or foreign enterprises without a domicile or place of business in China must appoint a legally established trademark agency to handle trademark registration matters.”
In practice, this means:
This requirement is a fundamental difference between China and many other jurisdictions.
How to register a trademark in China Step by step detailed guidance
This comprehensive step-by-step guide walks you through the entire process of registering a trademark in China, specifically designed for foreign applicants.
Step 1: Choosing a Reliable China Trademark Registration Agent (Critical Step)
Because the law mandates the use of a local Chinese agency, the quality of the agency directly determines the outcome of the registration process. Finding them directly is the most cost-effective and efficient method. Most people search for them through self-media platforms or Google, but in fact, compliant Chinese trademark registration agencies are publicly listed on the official website of the CNIPA. You can verify them through the following link.
1. Verify Officially Registered Trademark Agents
All licensed trademark agencies are listed in CNIPA’s official database:
https://toas.sbj.cnipa.gov.cn/toas-extra-prod/agencyInformationInquiry
There are over 40,000 registered agencies, but most primarily serve domestic Chinese clients. Only a small proportion have consistent experience handling foreign applicants, English communication, and cross-border trademark strategy.
2. Why Foreign Applicants Often Struggle to Choose
- The list is extremely large, making quality hard to assess
- Many agencies lack reliable English-language support
- Limited understanding of foreign brand strategies
- Some agencies only handle domestic clients
- Insufficient experience with document translation and foreign applicant details
Conclusion
Choosing a China-based agency with real international trademark experience is essential.
If you are already on the CTMAA website, our team provides:
- Clear risk assessment before filing
- A structured process tailored to foreign applicants
- Translation and document verification
- End-to-end service from search to registration tracking
No agency, including CTMAA, can guarantee approval. What matters is whether the filing strategy reflects real CNIPA examination logic.
Step 2: Determining Classes, Subclasses, and Goods & Services
China adopts the Nice Classification system, but applies a unique subclass (similar group) structure, which plays a decisive role in trademark approval.
Key Features of China’s Classification System
- 45 international Nice classes
- Each class divided into multiple subclasses
- Identical or similar marks within the same subclass are considered highly conflicting
- Different subclasses can significantly reduce conflict risk, even within the same class
Example – Class 25 (Clothing):
Even within Class 25, trademarks in different subclasses are generally not considered conflicting.
CTMAA’s Professional Filing Logic
Unlike many agencies, CTMAA follows this process before filing:
- Confirm the correct class and subclasses
- Conduct targeted searches based on subclasses
- Decide whether to file, adjust goods/services, or modify the mark
This is to more accurately assess risks and enhance success rates. As the number of trademarks in China now exceeds 50 million. Merely conducting preliminary searches within class makes it difficult to determine the actual risk of registration, because it is highly likely that identical or similar trademarks have already been registered within the class, but they do not actually exist in the subclasses. This can particularly result in missed registration opportunities. Therefore, in our practice, we always advise users to first determine the selection of subcategories and specific goods and services.
Step 3: Conducting a China Trademark Search (Targeted & In-Depth)
1. Official Free Search Tool
CNIPA Trademark Search System:
https://sbj.cnipa.gov.cn/sbj/index.html
CTMAA search tutorial: https://chinatrademarkagency.com/china-trademark-search/
2. Professional Commercial Databases
- QuanDaShi: https://so.quandashi.com/home
- Cha-TM: http://www.cha-tm.com/
How to Interpret Search Results: Risk Assessment Framework
| Estimated Success Rate | Risk Level | Recommendation |
|---|---|---|
| ≥ 65% | Low | File immediately |
| 45%–65% | Medium | File with adjustments |
| < 45% | High | Proceed cautiously or revise |
Practical Examination Logic
- Identical marks in the same subclass → Almost certain rejection
- Highly similar marks in the same subclass → Very high rejection risk
- Similar marks in different subclasses → Depends on distinctiveness
- Examiners evaluate sound, appearance, and meaning
- Generic terms and low-distinctiveness marks rarely succeed.
Reference list of prohibited terms: https://chinatrademarkagency.com/chinese-trademark-registration-prohibited-words/
The above examination logic is based on fundamental rules. In actual practice, there are many other factors involved, which are not quantifiable standards. In many cases, it depends on the subjective judgment and discretion of the examiner, which may lead to different results. Therefore, the so-called trademark registration success rate is not actually determined by the agency, but rather by how much risk the client themselves is willing to accept in registering the trademark. The higher the risk one is willing to take, the lower the agency’s registration success rate will be. Thus, it is not appropriate to judge the quality of an agency based solely on its overall approval rate. Consequently, it is neither scientific nor credible for some agencies to claim or guarantee high success rates.
In China, trademark approval is not a statistical outcome. It is the result of examiner discretion applied to a specific mark, within a specific subclass, at a specific point in time.
Step 4: Preparing Application Documents (Foreign Applicants)
Individual Applicants
- Passport (original + Chinese translation)
- Address and postal code
- Power of Attorney (Chinese & English)
- Trademark specimen (JPG/PNG)
Company Applicants
- Business registration certificate (original + Chinese translation)
- Address and postal code
- Power of Attorney
- Trademark specimen
Black & White vs. Color Filing
- Black & white → Broader protection
- Color → Limited to specified colors
Document examples: https://chinatrademarkagency.com/china-trademark-registration-overview/#requires-documents
Step 5: Filing with CNIPA
Foreign applicants must file through a China-based agent using the official CNIPA system.
After filing, an official filing receipt will be issued. As the current China Intellectual Property Administration does not issue relevant qualification certificates to trademark agents, it means whether they have an account on the CNIPA trademark registration and management platform is the proof of their qualification. The following is the login portal and the main interface after logging in on the China trademark registration management platform
Login
All Chinese trademark agents registered with CNIPA can log in to the system through their agency accounts
Register
Agents provide trademark registration and related services to foreign users through the system
Step 6: Monitoring the Examination Process (6–8 Months)
Publication Period
3 months
Certificate Issuance
10-year validity
Timelines are indicative averages and may vary by case and examination workload.
CTMAA’s Special Advice for Foreign Applicants
- Do not wait until products enter China
- The subclass system is critical
- Searches must be subclass-based
- Distinctiveness determines success
- Translation accuracy is essential
- Trademark specimens must be professionally reviewed
- Any abnormal delay should be followed up promptly
What If Your Trademark Has Already Been Registered by Others?
Possible remedies include:
- Opposition
- Invalidation
- Non-use cancellation
- Litigation
Supporting evidence needed:
- Use evidence
- Business relationship evidence
However, all of these options are more expensive and time-consuming than early registration.
Summary: The Best Path for Foreign Trademark Registration in China
Choose an agent → Determine subclasses → Search → Prepare documents → File → Examination → Publication → Registration
China trademark registration is not a formality. It is a risk-management decision made under a strict first-to-file system.
The real challenge is not filing, but filing correctly.
For foreign brands, early and strategic filing is the only cost-effective protection.
FAQ: Most Common Questions from Foreign Applicants
- Does registering a trademark abroad protect me in China?
- No. China follows a strict first-to-file system, and foreign registrations have no legal effect in China.
- Can I register a trademark in China without using it?
- Yes. Use is not required at the filing stage, but non-use for three consecutive years may lead to cancellation.
- Can individuals register trademarks in China?
- Yes. Both individuals and companies may register trademarks, subject to proper documentation.
- Do I need to file each class separately?
- Yes. Each Nice class requires a separate application and official fee.
- Should I register a Chinese version of my brand?
- Strongly recommended. A Chinese-language trademark is not legally required, but it is essential for brand control in China.
- Can I use my China trademark on Amazon or Alibaba before registration?
- Yes, but without registration your brand has no enforceable priority in China. Platform brand protection and takedown mechanisms generally rely on registered trademark rights.
- What happens if my supplier registered my trademark first?
- Under China’s first-to-file system, the supplier may legally own the trademark. Recovery is possible but depends on clear evidence of bad faith and is never guaranteed.
- Can I buy back a trademark from a squatter?
- Yes, but only if the trademark owner agrees to sell. Buying back a trademark in China is a commercial negotiation, not a legal entitlement.
- Does registering a trademark protect my company name in China?
- No. Trademarks and company names are governed by separate legal systems and provide different rights.
- Is a Chinese-language trademark legally required?
- No. Chinese law does not require a Chinese-language trademark, but without one, brand control is often lost in practice.
- Is black-and-white filing safer?
- Yes. A black-and-white filing generally provides broader protection.
- How long is a China trademark valid?
- 10 years, renewable indefinitely.
- Can a trademark be cancelled for non-use?
- Yes. A trademark may be cancelled if unused for three consecutive years.
- Is it risky to let suppliers handle registration?
- Extremely risky. This is one of the most common causes of trademark loss for foreign brands.
- Can bad-faith registrations be challenged?
- Yes, but usually at a higher cost and with uncertain outcomes.
- Is China stricter than the US or EU?
- In many cases, yes—especially regarding classification and first-to-file priority.
- When is the best time to file in China?
- Before disclosing your brand name to any Chinese party.
- Can distributors or agents legally own my trademark?
- Only if explicitly agreed, and it is strongly discouraged.
- Should I register defensive classes in China?
- Often yes, particularly for brands with growth or licensing plans.
China Trademark Agency Alliance
CTMAA is more than just a China tradmark registration service provider; we are your strategic partner for entering and establishing yourself in the Chinese market. We are dedicated to clearing obstacles, using our professionalism, experience, and integrity to safeguard your brand in China.
CTMAA Expert Commentary
These cases clearly demonstrate a pattern of bad-faith preemptive registration based on supply chain awareness. Without strong evidence proving malicious intent, even successful opposition or invalidation actions require significant time, cost, and delay to market entry.
➡ The most effective solution is always early filing, not reactive enforcement.