How To Register a Trademark in China 

Protecting your brand in China is essential both before and after entering what is the world’s largest consumer market. According to the China National Intellectual Property Administration (CNIPA), as of June 2025, there are 2,192,404 active foreign trademarks in Mainland China.  This comprehensive guide answers the key questions regarding trademark registration in China.

Do My Existing Trademarks Protect Me in China?

No, your foreign trademarks do not automatically protect you in China. Even if you have registered trademarks in the EU, US, or other countries, these registrations are not valid in Mainland China. Hong Kong trademarks are also not valid in mainland China.

China operates under the first-to-file system, meaning whoever files first gets the trademark rights, regardless of who used it first elsewhere. This creates a significant risk: someone else could register your trademark in China before you do, legally preventing you from using your own brand name. This is why law firms recommend you file your trademark application in China as early as possible, ideally before announcing any plans to enter the Chinese market.

What Happens If My Trademark Is Already Taken?

Unfortunately there are ‘Trademark squatters’ in China that operate in the same way as domain parkers. This means that your trademark may already be taken by an individual or company in China. To take back control of your brand in China, you have two options:

If Your Trademark is Held by an Individual

1. Direct negotiation: A trademark agency can contact the individual to negotiate a purchase price. This option is typically easier to deploy when an individual holds your trademark as opposed to a company.
2. Non-use cancellation: If a trademark has been registered for three or more years and has not been commercially used during this time, you can file for non-use cancellation with the help of a law firm or trademark agency. 

If Your Trademark is Held by a Company

1. Negotiation: As with individuals, it is possible to reach agreements with companies to purchase the trademark off them. This may be more difficult with companies, however, as they are likely to ask for higher prices. 
2. Non-use cancellation: Here, the same three year rule applies. If the trademark hasn’t been used commercially, you cna file for non-use cancellation. 
3. Legal action: If a company has clearly copied your well-known brand in bad faith, a lawsuit can be filed to try and retreive the trademark. 

It is important to note that, these solutions can take anywhere from a few weeks to 12 months to deploy. Success also varies from case to case.   

How Can I Register My Trademark in China?

Option 1: Direct Filing in China 

Foreign companies must use a China National Intellectual Property Administration (CNIPA) registered trademark agency or law firm to obtain a trademark. You cannot file directly with the CNIPA as a foreign company. This is the approach that is outlined by the CNIPA. This option grants you: 

• Full control over trademark classes and item selection.
• Better enforcement capabilities with Chinese trademark certificates.
• More strategic flexibility for complex applications.

Both law firms and trademark agencies will offer trademark services for foreign companies, with law firms being more likely to offer English. However, law firm prices will be significantly greater than that of a trademark agency or Chinese partner.

Foreign companies can also work with Chinese partners such as AppInChina to file trademarks for their company. At AppInChina, we provide trademark, localisation and compliance services as part of full China market entry support. 

Option 2: Madrid Protocol Route

If your home country is a Madrid Protocol member, you can designate China in your international application. However, trademark agencies and law firms generally recommend direct filing because Madrid applications can lead to classification problems and enforcement difficulties.

Why Legal Professionals Recommend Against It:

Legal experts advise that filing a national application directly with China’s Trademark Office is superior to using the Madrid System for the following reasons: 

1. Classification Issues: Businesses may inadvertently overlook certain trademark classes when filing under Madrid Protocol, creating gaps in protection.
2. Translation and Enforcement Problems: Translation deviations can occur during Madrid filings, affecting the enforcement of trademark rights in China
3. Recognition Difficulties: Chinese government agencies, e-commerce platforms, and legal bodies often fail to recognize WIPO certificates as valid proof of registration

Unless you have very simple, limited trademark needs, direct filing through a Chinese agency is typically the better choice and is the choice recommended by government institutions, law firms and trademark agencies in China.

What Are the Requirements for Trademark Registration?

Before applying, ensure your proposed trademark meets all the following requirements:

• Legal compliance: The mark must be legal. It can’t be fraudulent or exaggerated in advertising, discriminate against a nationality, or be similar to the name or flag of a state or international organization.
• Distinctiveness: The mark must be easily differentiated from other registered trademarks. Trademarks that cause confusion with or try to sabotage competitors will not be accepted.
• Non-descriptive: The mark cannot be merely descriptive of the goods or services provided. For example, a company that sells oranges can’t trademark an orange or image of an orange, because these are generic terms that anyone is free to use.
• Availability: The mark must be available for registration. It cannot already exist in the CNIPA official database
• Positive connotation: The mark should have a positive meaning and cultural appropriateness in Chinese.

Should I Choose a Chinese Name for My Trademark?

Yes. Registering both English and Chinese versions is crucial because:

• Roman characters alone won’t protect against similar Chinese character marks
• Chinese consumers prefer brands with appropriate Chinese names
• Search engines and app stores prioritize Chinese characters
• Cultural appropriateness matters for brand acceptance

Work with a Chinese partner, such as AppInChina or a trademark agency to select a Chinese name that:

• Sounds similar to your English name when pronounced
• Has positive cultural connotations
• Reflects your brand values appropriately

At AppInChina, we offer localisation services that include branding for Mainland China. We can help you deploy a full China branding strategy for your physical product or digital asset. 

Which Trademark Classes Should I Choose?

China follows the International Nice Classification system with 45 classes total, using the 2019 version from WIPO. However, China further divides these classes into unique subclasses, making strategic selection crucial.

• Each application covers one class with up to 10 subclasses initially
• Additional subclasses incur small incremental fees
• Each class typically contains 30-40 relevant items for comprehensive protection
• You need separate applications for different classes

For example, companies publishing a mobile app will typically file the following three classes:

• Class 9: Computer & Software Products & Electrical & Scientific Products
• Class 35: Advertising, Business and Retail Services
• Class 42: Computer & Software Services & Scientfic Services 

If the mobile app also engages in restaurant and hotel services, a further Class 43 (Restaurant and Hotel Services) is required. 

How Long Does Trademark Registration Take?

The process typically takes 2 to 6 months from application to approval. This depends on the complexity of the existing situation regarding your brand’s trademarks in China. Assuming your brand has not been trademarked in China, the process to complete trademark registration will take closer to 2 months. If your brand has already been trademarked in China by an individual or company, this could extend the process to 6 months or longer. 

How Much Does Trademark Registration Cost?

Costs are structured around classes and items:

• Basic registration: Covers one class with up to 10 items
• Additional items: Small incremental fees beyond the initial 10
• Agency fees: Vary based on service complexity
• Government fees: Separate from agency costs

Cost considerations:

• Each class typically contains 30-40 relevant items
• Comprehensive coverage within relevant classes is usually more cost-effective than minimal filings
• Additional potential costs include corrections, appeals, and late renewal penalties

Can I Enter the Chinese Market Without a Trademark?

Yes, you can enter the market without a registered trademark. However, starting the trademark application early is strongly recommended by law firms and agenices alike because:

• You can operate while your application is processing
• Early filing prevents trademark squatting
• Registration provides legal protection for enforcement
• The relatively quick process means minimal delay

How Do I Maintain My Trademark Rights in China?

Renewal Requirements

• 10-year validity from approval date
• 12-month renewal window before expiration
• 6-month grace period with late fees after expiration

It is important to note that you should ensure that you are actively using your trademark in China within the registered classes, as any party can request cancellation if you haven’t used the trademark for three or more years. You should keep records of your usage, to use in case you have to defend against any non-use cancellation claims filed against your trademark. 

How Can AppInChina Help?

At AppInChina, we provide trademark filing services and localisation services to ensure that your brand is protected and positioned for success in the Chinese market. We can help you by:

• Checking whether your brand’s image or name has been trademarked by an individual or company in China. If we find that an individual or company is currently in possession of your trademark, we can initiate negotiations or explore a non-use cancellation option if applicable. 

• Choosing a Chinese name for your brand. We will localise your brand image, name, and ethos to ensure that it is culturally resonant with the Chinese market. 

• Filing your trademark in China. We will make sure that you file for the correct classifications as this will ensure all aspects of your brand are protected. 

• Ensuring that your trademark remains compliant and is being used. This will ensure that your trademark is not at risk of being filed for non-use cancellation. 

To ensure that your brand is protected in China, contact us to get started.