What Can Be Registered as a Trademark in China? Complete Guide for Foreign Companies

1. The Core Legal Standard: Distinctiveness (显著性)

For foreign companies entering the Chinese market, one of the first and most critical questions is: “What can actually be registered as a trademark in China?” The answer is not as broad as in many Western jurisdictions. China’s trademark law follows a first‑to‑file system, and the China National Intellectual Property Administration (CNIPA) applies strict distinctiveness requirements.

Article 8 of China’s Trademark Law (2013 revision) states that any sign capable of distinguishing the goods or services of one natural person, legal entity, or other organization from those of others may be registered as a trademark. In practical terms: if your mark does not allow Chinese consumers to immediately identify a single source, registration will be refused.

In 2025, CNIPA registered 4.206 million trademarks, with the average examination period maintained at 4 months. According to CNIPA’s official press release at the State Council Information Office press conference on January 23, 2026, the trademark examination quality pass rate — an internal quality audit indicator measuring the accuracy of completed examination decisions — exceeded 97%. Industry estimates based on CNIPA monthly bulletins and commercial database analysis suggest that the overall trademark rejection rate for applicants was approximately 34%–38%, with rejection risks varying significantly by industry. (Sources: CNIPA 2025 press conference, January 23, 2026; IPRdaily 2025 trademark data analysis; multiple industry estimates)

2. Registrable Trademark Types – With Key Considerations for Foreign Filers

China allows several types of trademarks, but each comes with different approval challenges. Based on CNIPA examination guidelines and IP practitioner feedback, the following table summarizes the main types and their risks.

Note: CNIPA does not publish official approval rates by trademark type for foreign applicants. The above risk levels are based on examination guidelines and common practice.

3. What Cannot Be Registered – Absolute Grounds for Refusal

CNIPA refuses marks based on absolute grounds under Article 11 of the Trademark Law (2019 revision):

• ❌ Descriptive terms – “Best Coffee”, “Premium Shoes”. These lack inherent distinctiveness.
• ❌ Generic names – “Laptop” for computers, “Milk” for dairy products. Never registrable.
• ❌ Misleading signs – Suggesting false quality, origin, or function (e.g., “Silk” for synthetic fabric).
• ❌ State symbols or sensitive signs – National flags, government names, official emblems.

Insight from CNIPA Examination Guidelines: “A mark that merely describes the intended purpose, quality, or main raw materials of the goods shall be refused unless it has acquired distinctiveness through extensive use.” For foreign applicants, proving acquired distinctiveness in China is costly and rarely succeeds before litigation.

4. Special Focus: Chinese Character Trademarks – A Non‑Negotiable Asset for Foreign Brands

Even if you register your English brand name, Chinese consumers and e‑commerce platforms (Taobao, JD.com, Tmall) will naturally create a Chinese name for your brand. If you do not register that Chinese version, a third party may squat on it, and that squatted name can legally become the dominant brand identifier in China.

Official data from CNIPA: According to IPRdaily’s report citing CNIPA data, the number of trademark dispute cases involving foreign companies has been significant, with a high proportion related to brand name squatting issues. The report highlights that many foreign brands have faced challenges due to the absence of a registered Chinese name for their trademark in China. (Source: IPRdaily, citing CNIPA data, 2025)

Official government stance: The State Council Information Office press conference on January 23, 2026, announced that China will intensify efforts to regulate malicious trademark squatting and hoarding behaviors, and strengthen the governance of “hearts and minds trademarks” that mislead the public. The fifth amendment to China’s Trademark Law, submitted for legislative review in December 2025, introduces administrative fines and a “zero-tolerance” framework for bad-faith filings. (Sources: State Council Information Office press conference, January 23, 2026; CNIPA official statements)

Real case – MUJI: After 24 years of litigation, Japanese lifestyle brand MUJI lost its trademark battle over its Chinese name “无印良品” in China. On June 23, 2025, the Supreme People’s Court of China issued Administrative Ruling (2024) Zui Gao Fa Xing Shen No. 7358, rejecting MUJI’s retrial application and upholding the validity of the Chinese “无印良品” trademark registration for textile goods (Class 24). MUJI’s failure to secure its Chinese name across all relevant classes back in 2000 severely limited its ability to use the Chinese name on products like towels and bed linens in China, allowing it to use only “MUJI” or “MUJI无印良品” on those categories. The case highlights the severe consequences of China’s “first-to-file” system and the critical importance of early, comprehensive trademark registration. (Sources: Supreme People’s Court Ruling (2024) Zui Gao Fa Xing Shen No. 7358, June 23, 2025; China Quality News Network, July 16, 2025)

Real case – Pétrus (French wine estate): In a landmark decision, a Chinese court recognized that French wine estate Pétrus had the right to protect its brand even without a formal registration of the Chinese transliteration “柏翠”. In 2022, Pétrus sued Beijing Baicui for unfair competition and trademark infringement after discovering that the Chinese company was selling wine using a label imitating Pétrus’s iconic trade dress and using the Chinese name “柏翠” in its promotions. While Pétrus had not registered the exact Chinese transliteration “柏翠” due to earlier similar trademarks, the court found that the trade dress had gained a “certain level of recognition” in China and that the Chinese company had acted in bad faith. The court ordered Beijing Baicui to cease its infringing conduct, change its corporate name, and pay damages. This case demonstrates that even when a foreign brand ultimately prevails, the failure to register a Chinese name can lead to costly legal battles, market confusion, and reputational damage. (Sources: Santarelli, 2025; Court decision, Beijing Chaoyang District Court)

Recommendation: Register both your English mark and at least one Chinese transliteration/meaning-based mark simultaneously. Avoid literal translations that are descriptive; instead, use an arbitrary or coined Chinese character combination.

5. Practical Examples: What Works vs What Fails (Based on Actual CNIPA Decisions)

• ✔ “Apple” for electronics – Arbitrary use → registrable.
• ❌ “Fast Delivery” for courier services – Directly descriptive → refused.
• ✔ “XyloTech” for software – Invented word → registrable.
• ❌ “Best Electronics Store” for retail – Generic + laudatory → refused.
• ⚠️ “Tesla” for cars – Arbitrary, but watch out for prior similar marks in China. Famous foreign marks get special protection but still need clearance.

6. Hidden Risks Foreign Companies Overlook

• Overly descriptive branding – Many Western brands choose names that describe a benefit (e.g., “SmartClean”, “RapidCharge”). In China, these are almost automatically refused.
• Complex or unclear logos – Highly detailed designs with generic elements (e.g., common geometric shapes) are considered non‑distinctive.
• Cultural and language traps – A harmless English word may sound negative in Chinese (e.g., “Puff” sounds like an undesirable term in some dialects). Always conduct a linguistic check with native speakers.
• Missing subclass strategy – China uses a 10‑digit Nice classification with subclasses. One missing subclass can leave a gap for copycats.

7. Step‑by‑Step Strategy to Maximize Registration Success

1. Conduct a professional trademark search – Not just identical marks, but also similar phonetic/visual equivalents in relevant subclasses. Free CNIPA databases are insufficient; consider commercial databases or local counsel.
2. Choose a distinctive brand name – Invented or arbitrary words have the highest success rate. Avoid descriptive terms, industry keywords, and laudatory adjectives.
3. Register both English and Chinese versions – As a single filing or separate applications. Ensure the Chinese name is also distinctive and pre‑cleared.
4. File in the correct main classes and all relevant subclasses – China’s subclass system means a single missed subclass can exclude protection for a key product line.
5. Monitor the application after filing – Respond to office actions within the strict 30‑day deadline. Foreign applicants often lose rights by missing deadlines.

8. Industry‑Specific Risks: What the Data Shows (and What It Doesn’t)

CNIPA does not publish official approval rates broken down by industry or by foreign applicant category. However, based on publicly available examination guidelines and practitioner feedback, the following patterns are widely observed:

Note: The risk levels above are qualitative assessments based on CNIPA examination guidelines and IP practitioner experience. They are not derived from official CNIPA statistical releases. For authoritative data, refer to CNIPA’s annual reports or WIPO’s World Intellectual Property Indicators.

9. Summary: Distinctiveness Determines Everything

To succeed in China’s trademark registration system, foreign companies must move away from descriptive or weakly distinctive branding. The key principle remains: if your trademark cannot clearly identify a single commercial source to Chinese consumers, it will not be approved.

By following a data‑driven, culturally‑aware strategy — including professional searches, Chinese name registration, and careful classification — your chances of approval can be significantly higher than the average.