Why China’s Trademark System Matters

With the world’s largest consumer market, registering a trademark in China is critical for brand protection. China operates on a “first-to-file” principle, meaning whoever files a trademark first gains exclusive rights, regardless of prior use elsewhere.

Prerequisites for Trademark Registration

Eligible Applicants: Foreign individuals or companies are eligible to apply for trademark registration in China. However, they must engage a trademark agency approved by the China Trademark Office to handle the application procedures. This is because the application process involves specific legal and regulatory requirements, and professional agencies can ensure compliance.

Trademark Distinctiveness: The trademark you intend to register should be distinctive. It should be able to distinguish your goods or services from those of others in the market. Avoid using generic terms, descriptive words that are too common, or marks that are confusingly similar to existing trademarks. For example, a mark that is simply a common color name may not be considered distinctive enough for registration.

Step-by-Step Registration Process

1. Trademark Search

• Conduct a thorough search on China Trademark Office (CNIPA) database to avoid conflicts.

• Classify your trademark using the Nice Classification (45 categories).

2. Application Submission

• Submit documents (application form, ID proof, logo design) via CNIPA or an authorized agent.

• Foreign applicants must use a Chinese-certified trademark agency.

3. Examination Stages

• Formal Review (1-2 months): Checks document completeness.

• Substantive Review (6-8 months): Assesses distinctiveness and legal compliance.

4. Publication & Registration

• Approved trademarks are published for 3 months for opposition.

• If uncontested, receive registration certificate within 1-2 months.