Protecting Your Intellectual Property: Trademark Registration in China

For companies entering or expanding within China, securing trademark protection is one of the most important early steps. China’s “first-to-file” system means that the first party to register a trademark—rather than the first to use it—typically gains legal ownership. This creates both an opportunity and a risk: well-prepared businesses can protect their brand quickly and effectively, while those who delay may face disputes, costly buybacks, or brand restrictions.

Trademark registration is no longer a secondary administrative task. It is a critical component of market-entry planning, risk management, and long-term business strategy.

Why Trademark Protection Is Essential in China

1. First-to-file system

China grants rights to the first registrant.If another party registers your brand name, logo, or product line before you do, recovering it often becomes time-consuming and expensive.

2. High risk of trademark squatting

Foreign brands—especially those with international visibility—have historically been targets for opportunistic registrations.Once registered by another party, the rightful owner may face sales restrictions, e-commerce bans, or lengthy administrative appeals.

3. Required for many business activities

A registered trademark may be needed for:

• E-commerce listings

• Local manufacturing

• Licensing arrangements

• Customs protection

• Distributorships

Without it, business operations can be blocked or delayed.

4. Essential for brand consistency in a large market

China is vast, with regional variations in enforcement. Registering trademarks provides a clear legal foundation across all provinces.

Key Steps in Registering a Trademark in China

1. Conduct a comprehensive trademark search

Before filing, companies must check for:

• identical or similar marks

• conflicts in the same or related product categories

• possible risks in Chinese-language equivalents

A detailed search reduces rejection rates and future disputes.

2. Register both English and Chinese versions

Even if your brand is international, a Chinese version will almost always emerge—often created by consumers or resellers.If you do not register your own Chinese version, another party may do so, gaining control over how your brand is presented locally.

3. File in the correct classes and sub-classes

China’s trademark classification system includes both international classes and detailed sub-classes. Protection is only granted within the exact sub-classes you select. Missing a sub-class can leave a gap competitors may exploit.

4. Submit the application to the China National Intellectual Property Administration (CNIPA)

The application typically includes:

• trademark representation

• applicant details

• descriptions of goods/services

• priority claim (if applicable)

Processing often takes 6–9 months for preliminary approval, followed by a three-month public opposition period.

5. Monitor the market

Once registered, trademarks should be actively monitored for:

• unauthorised use

• confusingly similar marks

• misuse on e-commerce platforms

Early detection helps prevent escalation.

Common Challenges for Foreign Companies

Trademark squatters

Individuals or local companies may register foreign brands with the intention of reselling or blocking market entry. Early filing is the best defence.

Imitation brands

Visually similar marks or sound-alike Chinese names are common, especially in consumer goods. Broad, strategic registration across classes helps limit this risk.

Incorrect classification

Choosing the wrong sub-classes can weaken protection. Professional guidance ensures the trademark covers relevant business activities.

Delays due to incomplete documents

Accuracy and consistency across documents—especially company names and addresses—are crucial for avoiding hold-ups.

Protecting Your Brand Beyond Registration

Record the trademark with China Customs

This allows Customs authorities to detain suspected counterfeit goods before they reach the market.

Register on e-commerce platforms

Major platforms such as Tmall, JD, Douyin, and Xiaohongshu require trademark documentation to list products and report infringements.

Use contracts that reinforce IP rights

Distribution agreements, manufacturing contracts, licensing deals, and supplier documents should contain clear IP clauses.

Renew on time

Chinese trademarks are valid for 10 years and can be renewed indefinitely. Missing a renewal window risks losing protection.

Looking Ahead: IP Protection Trends for 2026

Over the next few years, companies can expect:

• quicker digital filing and tracking systems

• stronger enforcement against counterfeiters

• improved cross-border cooperation on infringement cases

• increased responsibility on platforms to remove unauthorised sellers

• rising costs of resolving disputes caused by delayed registration

Companies that take proactive steps early will avoid costly problems later.

How Woodburn Global Can Help

At Woodburn Global, we support foreign companies in establishing strong and compliant IP protection strategies in China.

We help you safeguard your brand from the outset, ensuring your trademarks support your long-term growth and operations in China

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Woodburn Accountants & Advisors is one of China and Hong Kong’s most trusted business setup advisory firms.

Woodburn Accountants & Advisors is specialized in inbound investment to China and Hong Kong. We focus on eliminating the complexities of corporate services and compliance administration. We help clients with services ranging from trademark registration and company incorporation to the full outsourcing solution for accounting, tax, and human resource services. Our advisory services can be tailor-made based on the companies’ objectives, goals and needs which vary depending on the stage they are at on their journey.

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