China Trademark Registration for Australian Companies: A Complete Guide (2026)

1 Why Australian Companies Need to Register Trademarks in China Separately

Australian businesses are used to the “use-based” trademark protection system, but in China, trademark protection is based on the “first-to-file” principle. This means that trademark ownership is determined by who files the application first, not by the brand’s use history or reputation in Australia.

Key Takeaway for Australian Businesses

Even if your brand has strong recognition in Australia, you might lose the right to use your brand in China if someone registers it first. Early registration is essential before any business engagement with China.

2 Key Differences Between Australian and Chinese Trademark Systems

Feature	Australia (IP Australia)	China (CNIPA)
Basis of Trademark Rights	Use-based (Common Law)	First-to-file (Application-based)
Unregistered Rights Protection	Common Law Trademark Protection	No protection unless it is a well-known trademark
Classification System	Nice Classification	Detailed Subclass System
Enforcement Mechanisms	Primarily Civil Litigation	Administrative Enforcement, Customs Recordation, Civil Litigation

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Insight: The “first-to-file” system in China means your Australian trademark rights provide no protection. You must file separately in China to secure your brand.

3 Trademark Risks for Australian Companies in China

Many Australian companies face trademark risks even before officially entering the Chinese market. Common risks include:

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Manufacturing Arrangements: Brand names leaked to Chinese manufacturers

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Brand Exposure: Third parties may register similar trademarks first during negotiations

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Trademark Infringement: Counterfeiting and infringement risks in the Chinese market

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Critical Risk Consideration

Australian brands become vulnerable the moment they engage with Chinese suppliers, manufacturers, or distributors, even if they don’t plan to sell in China.

4 Which Australian Companies Can Apply for a China Trademark?

The following Australian companies and individuals are eligible to apply for a Chinese trademark:

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Australian Limited Companies (Pty Ltd)

Registered businesses with ASIC can apply directly through a registered agent.

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Public Limited Companies (Ltd)

Publicly listed Australian companies are eligible for Chinese trademark registration.

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Individuals with Australian Passport

Australian citizens can register trademarks in China as individuals.

5 Required Documents for Australian Companies or Individuals

The main document required is the Australian company registration certificate (ASIC Extract), which proves the company’s legal status, registration details, and operational situation. This is the most basic and essential document for submitting a trademark application.

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For Companies

Australian company registration certificate (ASIC Extract)

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For Individuals

Valid Australian passport copy

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Additional Documents

Power of Attorney (POA) prepared by your trademark agent

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Important: Actually, the documentation required for Australian companies and individuals to register a trademark in China is not extensive. Most of the materials will be prepared by your trademark agency, and you simply need to sign them. For you, the most crucial part is determining the scope of protection for your trademark. While the broad categories of the Chinese trademark classification align with the internationally used Nice Classification, it features unique subclasses (the concept of similar groups). If these are not selected properly, your registered trademark may not adequately protect your products. Therefore, it is advisable for Australian companies to file their Chinese trademark applications directly with the CNIPA, rather than through the Madrid System. In our practice, we have encountered several cases where trademarks were lost because the goods and services listed in the Madrid System application for China did not accurately correspond to the CNIPA’s classification of goods and services.

6 Price and Process Timeline

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Trademark Application Fees

Official Fees: 270-300 RMB per class，Approximately AUD 65

Agent Fees: 2000-4000 RMB，Approximately AUD 430 to AUD 860

(depending on services and complexity). Learn more about: China Trademark Registration Costs

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Process Timeline

Submission to Certificate: 6-12 months

Typical timeframe for straightforward applications. Learn more about: China Trademark Registration Process

graph TD
    A["Trademark Search and Strategy"] --> B["Choose Chinese and English Brand Names"]
    B --> C["Prepare Application Documents"]
    C --> D["Submit Application to CNIPA"]
    D --> E["Formal Examination (1-2 months)"]
    E --> F["Substantive Examination (6-9 months)"]
    F --> G["Preliminary Approval Announcement (3 months)"]
    G --> H["Registration Announcement"]
    H --> I["Issuance of Certificate"]

Note: China Trademark Registration Process Flowchart For Australia.

7 Key Steps in China Trademark Registration

1

In-depth Search and Subclass Strategy

Conduct trademark feasibility searches to ensure no similar or phonetically similar trademarks are already registered. Develop a subclass protection strategy based on your business.

2

Choose a Chinese Brand Name

When registering, consider both the English name and its Chinese phonetic or semantic translation. Chinese consumers primarily recognize Chinese names.

3

Submit through Registered-CNIPA Agent

The application must be submitted through a Registered-CNIPA Chinese trademark agent. Foreign applicants cannot file directly with CNIPA.

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Examination & Registration

CNIPA conducts formal and substantive examination, followed by a 3-month opposition period before registration certificate issuance.

8 Legal Remedies

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Trademark Opposition

During the 3-month publication period, you can file an China trademark opposition against conflicting trademarks.

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Cancellation Application

If a trademark is maliciously registered or has not been used for three years, you can apply for Cancellation.

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Invalidation

You can apply for Invalidity if the trademark was registered in bad faith or violates legal provisions.

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Administrative & Civil Litigation

If your trademark is infringed, you can protect your rights through administrative enforcement or civil litigation.

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For more detailed information on China Trademark Oppositions, china trademark 3-year non-use cancellation, and China trademark Declaration of Invalidity, please visit our dedicated pages.

9 Industry Case Studies: Hard Lessons from Australian Brands

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Wine Industry – Losing the “Chinese Name”

Background: An Australian winery exported under the English brand “Blue Ocean” to China but did not register its Chinese trademark.

Conflict: Consumers in China started calling the brand “蓝海酒庄” (Blue Ocean Winery), and a local agent registered the Chinese name first.

Outcome: The winery had to rebrand, removing “蓝海” from all promotional materials, incurring huge losses.

Lesson: Chinese trademark registration is just as important as English trademark registration. Secure a Chinese name before entering the market.

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Health Supplements & Skincare – “Cross-Class Hijacking”

Background: An Australian skincare brand registered a trademark in Class 3 (cosmetics) but did not consider Class 5 (dietary supplements).

Conflict: Another company registered the same trademark in Class 5 and launched similar products.

Outcome: Despite different products, consumers confused the brands, damaging the Australian brand’s reputation.

Lesson: Cross-class defensive registration is crucial in the health and consumer goods sector.

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Agriculture & OEM – “Blocked Exports”

Background: An Australian beef supplier had an OEM factory in China, but products were only exported to Southeast Asia, not sold in China.

Conflict: A competitor registered the brand in China and filed with Chinese customs.

Outcome: The Australian company’s goods were seized at customs, halting production and risking contract breaches.

Lesson: Even if not selling in China, registering a trademark is essential to avoid export disruptions.

10 Protect Your Australian Brand in China Today

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Free Brand Risk Assessment: Identify your registration gaps

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Custom Subclass Layout: Ensure full industry chain protection

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Fight Malicious Registration: Assist in reclaiming your trademark rights

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Don’t wait until your products are seized at customs or your brand is hijacked.

Get a Free Trademark Assessment Get in touch with our expert

11 FAQ for Australian Companies

Q1: Can Australian companies register a trademark without setting up a Chinese subsidiary?

A1: Yes, Australian companies can apply through a licensed trademark agent by providing company registration proof (e.g., ASIC Extract).

Q2: How long does the registration process take?

A2: The process usually takes 9-12 months from submission to receiving the certificate.

Q3: Can I use the Madrid System for registration?

A3: While possible, the Madrid System doesn’t allow specification of subclasses, which may lead to gaps in protection. Direct application through CNIPA provides better protection.

Q4: Is the registration certificate the final step?

A4: No, it is recommended to file with customs and monitor your brand to prevent infringement.

Self-search Guide

professional search

CN TM classification

Required documents

Online submission

Registration price