China Trademark Registration for Portuguese Companies
A practical, experience‑based guide for Portuguese businesses and brand owners seeking trademark protection in China.
Can Portuguese Companies Register a Trademark in China?
Yes. Portuguese companies and individuals are fully eligible to register trademarks in China, regardless of whether they have a subsidiary, office, or physical presence in China.
Under Chinese Trademark Law:
- All foreign applicants must file through a licensed China trademark agency
- Portuguese entities may apply in their own name
- No Chinese company incorporation is required
Eligible Portuguese Applicants Include:
China vs Portugal Trademark System: Key Differences
Understanding the structural differences between the two systems is critical before filing.
| Aspect | China Trademark System | Portugal / EU System |
|---|---|---|
| Filing principle | First‑to‑file | First‑to‑use (with registration) |
| Subclass system | Strict subclasses | No subclass restriction |
| Use required before filing | No | Generally required |
| Chinese‑language trademarks | Strongly recommended | Not applicable |
| Bad‑faith filings | Common | Relatively rare |
Key takeaway for Portuguese companies:
A trademark registered in Portugal or the EU does NOT provide any protection in China.
China Trademark Registration Process for Portuguese Applicants
The registration procedure is standardized nationwide and handled by the China National Intellectual Property Administration (CNIPA).
Step 1: China‑Specific Trademark Search
A professional search focuses not only on identical marks, but also:
- Similar marks in relevant subclasses
- Chinese character equivalents
- Phonetic similarities
Step 2: Subclass Risk Assessment
China applies a unique subclass system. Filing in the wrong subclass may leave dangerous protection gaps. China Trademark Subclass System Explained
Step 3: Filing with CNIPA via Licensed Agent
All Portuguese applicants must file through a China‑licensed trademark agency.
Step 4: Examination & Publication
- Formal examination: approx. 1–2 months
- Substantive examination: approx. 4–6 months
- Publication period: 3 months
Step 5: Registration
If no opposition is filed, the trademark proceeds to registration and issue a China trademark certificate.
Recent Case Study: Portugal Company Trademark Registration in China
Case Background
A Portuguese LDA company in the consumer products sector planned to expand manufacturing and online sales into China. The brand was already registered in Portugal and the EU, but no China trademark filing had been made.
During our preliminary search, we identified:
- A highly similar mark already filed in China by an unrelated third party in a neighboring subclass
- No registered Chinese-language version of the client’s brand
Our Strategy
We assisted the client by:
- Conducting a full subclass-by-subclass risk analysis under the relevant Nice class
- Adjusting the filing scope to avoid conflict-prone subclasses while preserving core protection
- Creating and registering a defensive Chinese-character trademark aligned with the brand’s pronunciation
- Filing directly with CNIPA through our registered China trademark team
Outcome
- The application passed examination without objection
- The trademark proceeded smoothly to publication
- The client secured exclusive rights in China before market entry, avoiding distributor-led filings
This case reflects a common situation faced by Portuguese companies: EU protection alone is insufficient when entering China.
Common Mistakes Made by Portuguese Companies
Based on real cases involving Portuguese brand owners, the most frequent errors include:
Assuming EU or Portugal trademark protection extends to China
China requires separate national registration.
Filing only the Latin‑letter mark without a Chinese version
Leaves your brand vulnerable to unofficial Chinese names.
Using Madrid filings without subclass strategy
Often leads to insufficient protection in China.
Registering too late, after Chinese distributors or partners
Results in expensive recovery actions.
China operates strictly on a first‑to‑file basis. Delayed filings often result in expensive recovery actions.
Documents Required from Portuguese Applicants
The documentation requirements are straightforward:
Applicant name and address
As per Portuguese company registry
Applicant’s proof documents
LDA / SA / Person
Trademark representation
Word or logo
Power of Attorney
Simple signature, no notarization required
Company’s proof documents from Portugal (which we have used for applying for Chinese trademarks for Portuguese clients, for reference).If registered under personal name for Chinese trademark, provide Portuguese passport
Portuguese Business Certificate
Portuguese certificate of Incorporation
Important: No legalization, apostille, or consular certification is required for Portuguese applicants.
Timeline and Cost Expectations
Typical Timeline
Filing to Registration
7–9 months (if uncontested)
Validity Period
10 years, renewable
Cost Structure
- Official CNIPA filing fees are fixed
- Total cost depends on:
- Number of classes
- Number of subclasses
- Agent’s pricing policy
Check the latest [China trademark registration costs for 2026] here.
Should Portuguese Companies Register a Chinese‑Language Trademark?
In most cases, yes.
Chinese consumers, distributors, and platforms typically create informal Chinese names if none is registered. Without proactive registration, Portuguese brands risk losing control over their Chinese identity.
Why Portuguese Businesses Should Use a China‑Based Trademark Agent
Choosing a China‑based agency offers practical advantages:
Direct filing with CNIPA
No intermediaries, faster processing
Accurate subclass coverage
Precise protection for your business
Experience with bad‑faith risks
Proactive protection strategies
English‑language communication
Clear updates for Portuguese clients
Practical enforcement awareness
Knowledge of local enforcement options
This is particularly important for Portuguese SMEs entering China for the first time.
FAQs: China Trademark Registration for Portugal
Does a Portugal or EU trademark protect my brand in China?
No. China requires separate national registration. Your EU trademark offers no protection in China.
Can Portuguese companies use the Madrid System?
Yes, but Madrid filings often lack subclass precision and may increase refusal risk in China. A direct China filing is usually recommended.
Is trademark use required before filing in China?
No. Use is not required at filing stage, but may be needed later for enforcement or non‑use challenges.
Can Portuguese companies register a trademark in China without a local office?
Yes. Portuguese businesses and individuals can file directly via a qualified Chinese trademark agency without having a physical presence in China.
What documents are needed for a Portuguese applicant?
Typically: company registration certificate, ID/passport of representative, and a clear trademark specimen. Translations into Chinese may be required.
Are there common mistakes Portuguese applicants make when filing in China?
Yes. Common errors include choosing the wrong class/subclass, assuming EU rights apply in China, and allowing suppliers to register the trademark first.
How long does a China trademark registration take for Portuguese businesses?
Usually 6–8 months from filing to registration, depending on CNIPA examination and publication procedures.
Can Portuguese companies enforce their trademark in China immediately after registration?
Yes. Once the trademark is officially registered with CNIPA, Portuguese owners have full legal rights to enforce it in China.
Start Your China Trademark Registration from Portugal
If you are a Portuguese company planning to manufacture, sell, license, or source from China, early trademark registration is essential.
How We Can Help Portuguese Businesses
- China trademark availability search (including subclass risks)
- Filing strategy tailored for Portugal / EU companies
- Chinese-name trademark planning
- Direct CNIPA filing by licensed China trademark professionals
Call to Action
Before you enter the China market, make sure your brand is legally protected.
Early action often prevents costly disputes later.
📌 Part of China Trademark Encyclopedia
👉 China Trademark Encyclopedia – Complete Guide
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.
