You register a trademark in China by filing an application with the China National Intellectual Property Administration (CNIPA). China follows a “first-to-file” rule, so the date you file matters more than who used the mark first. A Chinese company or individual can file directly, but a foreign applicant with no habitual residence or business in China must appoint a licensed Chinese trademark agent (Trademark Law, Art. 18). Registration lasts 10 years and can be renewed indefinitely.
Who Can Apply, and Where?
Applications go to CNIPA. Chinese applicants may file online themselves; foreign applicants must file through a trademark agency established in China. You then select a class (or classes) from the 45-class Nice Classification. Goods and services are filed separately and fees are charged per class, so getting the class strategy right matters as much as choosing the mark itself.
What Is the Process?
The usual steps are:
- Search — check CNIPA’s database for identical or similar marks;
- File — submit the application, specimen and class selection;
- Examination — CNIPA reviews compliance and conflicts; the law sets a nine-month examination period (Art. 28);
- Publication and opposition — once preliminarily approved, the mark is published and third parties have three months to oppose (Art. 33);
- Registration — if no valid opposition succeeds, the mark is registered.
How Long Does It Last, and What Are the Traps?
A registered trademark is valid for 10 years from the date of registration (Art. 39). To keep it alive you must renew it within the 12 months before expiry, with a six-month grace period (Art. 40). Two traps catch foreign brands. First, squatters: because China is first-to-file, someone else can register your brand before you enter the market. Second, non-use: a registered mark that has not been used for three consecutive years without good reason can be cancelled at anyone’s request (Art. 49). So keep dated evidence of real use.
(Illustrative scenario.) A European brand plans to launch in China next year but files nothing. A local company registers the same name in the relevant class. When the European company arrives, it finds it must buy the mark, oppose or cancel it, or rebrand. Filing early is almost always the cheaper option. In short: search first, file early, choose the right classes, and keep proof of use.
FAQ
Q: Does China follow first-to-use or first-to-file?
A: First-to-file — the earliest valid filing generally wins, not the earliest user.
Q: How long does a Chinese trademark last?
A: 10 years from registration, renewable for further 10-year terms.
Q: Can a foreign company file on its own?
A: No — foreign applicants must appoint a licensed Chinese trademark agent.
Q: Can a registered mark be cancelled for not being used?
A: Yes — three consecutive years of non-use without good reason can lead to cancellation (Art. 49).
Q: Is Chinese registration valid worldwide?
A: No. A China registration protects you in China; separate filings are needed elsewhere, though the Madrid System can simplify multi-country filing.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512