Trademark Filing and Registration in China
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Securing a trademark in China is essential for businesses aiming to protect their brand identity, logos, and products from imitation or misuse. Completing trademark registration in China grants exclusive rights to use distinctive names, logos, or symbols for goods and services, ensuring market recognition and legal protection. Conducting a trademark search in China or a CN trademark search before filing reduces the risk of refusal or opposition, strengthening trademark protection in China.
The China National Intellectual Property Administration (CNIPA) governs all filings, enforcing compliance with the Trademark Law of the People’s Republic of China, which follows a first-to-file principle.
China’s trademark law protects signs capable of distinguishing goods or services, including words, logos, shapes, colours, and sounds. Key rules include:
Professional guidance from a trademark law firm, lawyers, or attorneys in China helps applicants navigate classification rules, prior searches, and filing procedures, reducing the risk of rejection or opposition.
The trademark registration in China process begins with a CN trademark search to identify conflicting marks. Following this, the trademark application in China is submitted to CNIPA, including:
Applications undergo formal examination and substantive review. Approved marks are published in the Trademark Gazette for a three-month opposition period. If no opposition arises, CNIPA issues a registration certificate valid for ten years. Renewals are possible indefinitely upon payment of the China trademark registration fee. For broader protection, businesses can pursue International Trademark Filing and Registration through the Madrid Protocol, designating China and other member countries.
Registering a trademark provides exclusive ownership and legal certainty. Companies often register brand name China or register logo trademark China to protect brand identity.
Benefits include:
Applicants for trade mark registration China can be individuals, companies, or partnerships. Requirements include:
Engaging a trademark law firm, lawyers, or attorneys in China ensures proper classification, prior searches, and filing compliance, facilitating a smoother registration process.
Conducting a trademark search in China or CN trademark search identifies existing marks that may conflict with the new application. China uses the Nice Classification with 45 classes of goods and services. The number of classes directly affects trademark cost China. Professional searches reduce opposition risk and help businesses achieve stronger trademark protection in China.
The trademark filing China process includes:
The process usually takes 12–18 months. Working with Trademark Lawyers in China ensures procedural accuracy and correct classification.
The China trademark registration fee depends on the number of classes filed. Standard CNIPA fees apply, with additional costs for legal or agent representation. Renewal is required every ten years to maintain rights. Timely renewal prevents lapses in trademark protection in China. Professional Trademark attorneys in China can assist in managing multiple renewals efficiently.
Registered trademarks grant exclusive rights to use the mark. Trademark infringement China occurs when an unauthorised party uses a similar or identical mark. Enforcement options include:
Documenting marketing, sales, and usage strengthens enforcement.
If a registered trademark is unused for three consecutive years, CNIPA may cancel it. Maintaining evidence of use such as invoices, marketing campaigns, or online sales ensures ongoing trademark protection in China.
China is a member of the Madrid Protocol, allowing businesses to extend protection via International Trademark Filing and Registration. However, local compliance is mandatory. Ensure:
This approach simplifies cross-border trademark registration while maintaining strong domestic rights.
Kayser & Co. provides advisory services for businesses seeking trademark registration in China, including filing, opposition, renewals, and enforcement. Their expertise ensures compliance with CNIPA regulations and helps secure exclusive rights efficiently.
Words, logos, shapes, colours, or sounds capable of distinguishing goods or services.
Typically 12–18 months from application to registration.
Ten years, with indefinite renewals available.
Yes, by appointing a local address for service or a recognised agent.
Civil litigation, administrative proceedings, or criminal action against counterfeiters.