China Trademark Registration for US Companies: A Strategic Guide
This page is designed for US companies and individuals seeking to register a trademark in China.
1. Why US Companies Must Register Trademarks Separately in China
US trademark rights are territorial; China follows a ‘first-to-file’ rule that does not recognize foreign common law rights, making separate CNIPA registration mandatory for protection.
Costly Misconception
One of the most costly misconceptions among US businesses is assuming that a US trademark automatically protects their brand in China.
It does not.
China operates under a strict first-to-file trademark system, fundamentally different from the US first-to-use framework. In practice, this means:
Prior US Use ≠ China Protection
Prior use in the United States offers no automatic protection in China
USPTO Registration ≠ CNIPA Rights
A USPTO registration has no legal effect before China’s National Intellectual Property Administration (CNIPA)
First Filer Wins
The party that files first in China generally acquires trademark rights, regardless of who used the mark first elsewhere
Critical Implication for US Companies
For US companies manufacturing, selling, or licensing products connected to China, failure to register early often results in loss of control over their own brand.
2. Key Differences Between US and China Trademark Systems
Understanding these structural differences is essential before entering the Chinese market.
| System Aspect | United States | China | Implication for US Companies |
|---|---|---|---|
| Legal Foundation | First-to-use | First-to-file | File early in China regardless of US use history |
| Common Law Rights | Recognized | Not recognized | Registration is mandatory for protection |
| Territorial Scope | US jurisdiction only | China jurisdiction only | Separate filing required for China protection |
| Examination Basis | Likelihood of confusion, use evidence | Subclass similarity assessment | China’s subclass system requires specialized strategy |
| Enforcement Without Registration | Possible via common law rights | Virtually impossible | No registration = limited enforcement options |
Filing Basis
United States
Trademark rights arise from use in commerce
- Use establishes common law rights
- Registration provides nationwide protection and legal presumptions
- Intent-to-use applications available
China
Trademark rights arise almost exclusively from filing
- Use is not required for filing
- First-to-file principle prevails
- Evidence of foreign use has limited weight
Important: Evidence of prior use abroad may carry limited weight in certain disputes, but it does not substitute for timely filing in China.
No Common Law Rights in China
Unlike the US, China does not recognize common law trademark rights.
If a mark is not registered in China:
- Enforcement options are extremely limited
- Platform takedowns, customs actions, and administrative enforcement are generally unavailable
- No legal presumption of ownership
USPTO Registration Has No Automatic Effect
US trademark registrations are territorial. China maintains an independent examination and registration system.
Even globally well-known US brands must file separately in China to obtain protection.
3. Who Can Apply for a China Trademark from the US
The following US applicants are eligible to register trademarks in China:
US Corporations
Inc., Corp., C-Corp, S-Corp
US Limited Liability Companies
LLCs, PLLCs
US Individuals
Using a valid US passport
Important Notes for US Applicants
No Chinese Subsidiary Required
US entities can file directly without establishing a Chinese company
Mandatory Chinese Agent
All filings must be submitted through a CNIPA-registered Chinese trademark agent
Simplified Documentation
Corporate documents generally do not require notarization or legalization
4. Real-World Lessons from US Brands in China
Tesla: Filing Timing Matters More Than Brand Fame
Tesla’s early trademark dispute in China highlighted a hard reality:
“Brand recognition and overseas use do not override China’s first-to-file rule.”
This case remains a reference point for US companies that delay filing while focusing on market entry, negotiations, or manufacturing arrangements.
Key Takeaway for US Companies:
File trademarks in China early, even before finalizing business deals or market entry plans.
Apple: Subclass Coverage Is Critical
Apple’s trademark challenges in China demonstrated another structural issue:
“China examines trademarks by subclasses, not merely by international Nice classes.”
Filing too narrowly can leave protection gaps — even for globally dominant brands.
Key Takeaway for US Companies:
Understand and properly navigate China’s unique subclass system to ensure comprehensive protection.
5. Five Common Mistakes US Companies Make in China Trademark Filings
Mistake 1: Relying on US “First-to-Use” Logic
US evidence of use may support certain disputes, but it does not prevent others from registering first in China.
Solution:
File early in China, regardless of US use history. Treat China filing as a separate, proactive step.
Mistake 2: Registering Only the English Brand Name
If a brand does not define its own Chinese name:
- The market will create one
- That name may be registered by a third party
- Chinese consumers often remember the Chinese name more than the English mark
Solution:
Proactively create and register an official Chinese version of your brand name.
Mistake 3: Selecting Classes Based on USPTO Practice
China’s subclass system differs significantly from US classifications. A class that appears “covered” may still leave key goods or services unprotected.
Solution:
Work with China trademark experts who understand the subclass system and can ensure comprehensive coverage.
Pro Tip for Amazon Sellers:
Always register Class 35 (Retail/E-commerce services) in addition to your product class to prevent “trademark squatters” from hijacking your store name in China.
Mistake 4: Ignoring the Publication and Opposition Period
After preliminary approval, trademarks enter a three-month publication period. Without monitoring, conflicting marks may proceed to registration unchallenged.
Solution:
Implement active monitoring during the publication period and be prepared to file oppositions if necessary.
Mistake 5: Allowing Distributors or Manufacturers to File First
This is one of the most frequent — and expensive — mistakes made by US companies operating in China.
Solution:
File your trademarks before disclosing your brand to potential partners, suppliers, or distributors.
Avoiding These Mistakes Saves Thousands
Each of these common mistakes can result in costly legal battles, loss of brand control, or complete exclusion from the Chinese market. Proactive, informed trademark strategy is essential.
Click here to learn more about [China trademark registration costs] in detail
6. Should US Companies Register a Chinese-Language Trademark?
In most cases, yes.
Chinese is the primary language of the marketplace. If a company does not officially define its Chinese brand name, one will emerge organically — often without legal control.
Key Reasons to Register Chinese Trademarks:
Market Communication
Chinese consumers and businesses primarily use Chinese names
Legal Control
Prevents third parties from registering your Chinese brand name
Cost Prevention
Recovering a registered Chinese-language trademark later is frequently costly, time-consuming, and uncertain
Successful Examples:
Successful foreign brands in China almost always secure both English and Chinese versions of their trademarks.
7. China Trademark Registration Process: US Company Overview
Trademark Clearance Search
Comprehensive search including phonetic and visual similarities in relevant subclasses
Class & Subclass Strategy
Development of filing strategy based on China’s unique subclass system
Filing with CNIPA
Submission through registered Chinese trademark agent
Examination & Publication
Substantive examination, 3-month publication period
Registration Certificate
Issuance of trademark registration certificate
Typical Timeline
In straightforward cases, registration typically takes 9–12 months from filing to certificate issuance.
Validity Period
Trademarks are valid for 10 years from registration date, renewable indefinitely.
8. After Registration: How US Companies Protect Their Rights in China
Trademark Monitoring
CNIPA does not proactively notify trademark owners of infringements.
Ongoing monitoring is essential to detect:
- Similar filings by third parties
- Bad-faith registrations
- Potential infringement cases
Customs Recordation
Once registered, trademarks may be recorded with China Customs.
Key Benefit:
Enables customs authorities to intercept counterfeit goods at the border, protecting your market and brand reputation.
Enforcement Options
China provides multiple enforcement pathways for registered trademark owners:
- Administrative enforcement through local market regulators (fast, cost-effective)
- Civil litigation in specialized IP courts (for damages and injunctions)
- Customs enforcement for export-related infringements
- Criminal prosecution for serious counterfeiting cases
Enforcement Success Depends on Registration
All these enforcement options require a valid China trademark registration. Without registration, your options are severely limited.
9. Frequently Asked Questions for US Companies
US-specific, non-duplicative questions answered by our experts.
Can a US company register a China trademark before entering the Chinese market?
Yes. China does not require proof of use at the time of filing. Early registration is strongly recommended, especially before manufacturing, distribution, or licensing discussions begin. In fact, filing before market entry is often the most strategic approach.
Is the Madrid System suitable for US companies filing in China?
While US companies may use the Madrid System, it often provides incomplete subclass coverage in China. Direct CNIPA filings are generally preferred for better control, precise subclass selection, and more effective risk management. Madrid filings can be less adaptable to China’s unique examination practices.
Does China recognize well-known US trademarks without registration?
Only in very limited circumstances. “Well-known mark” recognition is rare, case-specific, and not a substitute for registration. The burden of proof is high, and success is uncertain. Most US companies should not rely on this doctrine and should instead register their marks proactively.
Does Amazon Brand Registry accept Chinese Trademarks (CNIPA)?
Yes. Amazon Brand Registry accepts Chinese trademarks (CNIPA) as valid registered trademarks. As long as your trademark is registered and valid with the China National Intellectual Property Administration (CNIPA), you can use it for Amazon Brand Registry. You will need to provide a valid trademark certificate and related registration information.
Can US Amazon sellers face takedowns in China-related disputes?
Yes. Chinese trademark registrants can file complaints that affect Amazon listings, OEM relationships, and cross-border logistics — even when the seller is US-based. Without a China trademark registration, US sellers are vulnerable to takedowns based on Chinese trademark rights.
Learn more: How Amazon Sellers Can Protect Their Brand in China?
Do IRS, EIN, or US tax documents need to be submitted?
No. CNIPA does not require IRS filings, EIN confirmation, or US tax documentation for trademark registration. Basic corporate documents (certificate of incorporation/good standing) and a Power of Attorney are typically sufficient.
Can a US individual register a China trademark personally?
Yes. US individuals may file using a valid passport, provided the application is submitted through a licensed Chinese trademark agent. This is common for entrepreneurs, authors, artists, and consultants planning to offer services in China.
Note: These answers reflect general practice. Specific situations may vary. Consult with a China trademark expert for advice tailored to your circumstances.
10. Next Steps for US Businesses
Does This Apply to Your Company?
Manufactures in China
Protect your brand from OEM/factory registration
Sells into China
Secure market access and prevent copycats
Licenses to Chinese Partners
Maintain control over licensed brands
Operates Cross-Border E-commerce
Protect against platform takedowns
Our Recommendation:
China trademark registration should be addressed before commercial expansion. Delaying until you’re already doing business in China increases risks and costs significantly.
Take Action Now
Protect your brand before it’s too late
Request a China Trademark Feasibility Review
Get a customized assessment for your US company’s specific situation
Evaluate English and Chinese Trademark Strategies
Develop comprehensive brand protection for both languages
Identify Filing Gaps and Risk Exposure
Understand where your brand is vulnerable in China
Early registration controls risk
Late registration creates leverage for others
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