Trademarks in ChinaCompetent Authority
Trademark administration in mainland China is handled by the China National Intellectual Property Administration (CNIPA), specifically through its Trademark Office. The working language is Mandarin Chinese, and the system is national.
International Agreements
China is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. China is also a contracting party to the Madrid Agreement and the Madrid Protocol, allowing international registrations to designate China.
Who May Apply
Natural persons and legal entities engaging in commercial or industrial activities may apply. Foreign applicants without a domicile or habitual residence in China must file through a legally established, officially recognized Chinese trademark agency. A signed Power of Attorney (POA) authorizing the local agency is required.
Online Filing and Search
Electronic filings are fully supported and encouraged through CNIPA’s digital filing portal. Public trademark database searches covering registered marks and pending applications can be conducted online to assess availability.
Registrable Sign Types
Trademarks may consist of words, designs, letters, numerals, three-dimensional symbols, combinations of colors, or sounds. China operates under a strict first-to-file system, making early filing critical. Foreign-language word marks or non-Chinese characters require a corresponding Chinese character translation or transliteration counterpart for commercial use and clearance purposes.
Classification
China follows the international Nice Classification system. China employs a sub-class system within each Nice class (sub-classes group similar goods/services together), which heavily impacts relative-grounds similarity examinations. Multi-class applications are permitted.
Examination
CNIPA conducts both a formal examination (verifying application documents and classification) and a substantive examination. Substantive examination assesses absolute grounds for refusal (such as lack of distinctiveness) as well as relative grounds (conflict with prior registered or pending marks). If refused, an application for review can be filed before the Trademark Review and Adjudication department.
Publication and Opposition
Applications that pass substantive examination are published in the official Trademark Gazette. Any interested party may file a formal trademark opposition within a statutory window of 3 months from the publication date.
Timelines
An unopposed, straightforward national trademark application typically takes between 7 to 12 months from initial electronic filing to final registration certificate issuance.
Official Fees
Official state fees are denominated in Chinese Yuan (RMB). Electronic filings receive discounted fee structures compared to paper filings:
- Electronic base application fee (covering up to 10 items within one class): 270 RMB (with an additional surcharge per item exceeding 10).
- Trademark renewal fee (electronic filing): 450 RMB per class.
- Trademark opposition filing fee (electronic filing): 450 RMB.
Protection Duration and Renewal
Trademark protection is valid for 10 years starting from the date of registration approval. Registrations can be renewed indefinitely for successive 10-year periods. A renewal request must be submitted within the 12 months prior to expiration, backed by a 6-month grace period subject to surcharges.
Use Requirements
China operates strictly on a first-to-file priority principle. A registered trademark is vulnerable to non-use revocation or cancellation actions if it has not been put to genuine commercial use in China for a continuous period of 3 years.
Post-Registration Procedures
Post-registration changes—including assignments, licensing recordals, changes of registrant name, or changes of address—must be formally filed and recorded with CNIPA to ensure full legal validity and enforceability against third parties. License agreements must be filed for recordal by the licensor/licensee within the statutory timeframe.
Legal Remedies
Legal remedies include administrative invalidation actions before CNIPA, civil infringement lawsuits before specialized intellectual property courts seeking damages and injunctions, and administrative enforcement via local Administration for Market Regulation (AMR) offices. Border enforcement mechanisms via China Customs recordals are available to intercept counterfeit goods. Well-known status provides cross-class protection against infringement.
Country-Specific Risks and Practical Notes
A major risk in China is "bad-faith trademark squatting," where third parties register well-known foreign brands before the genuine owner enters the market. Conducting comprehensive pre-filing searches, registering defensive classes, and filing early in Chinese characters alongside Latin scripts are essential protective measures.
This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.
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